To decide the amount of alimony and for how long alimony will be paid , a judge will consider:. You or your spouse can request a jury trial to decide whether you or your spouse committed marital misconduct, as mentioned in 1, above. Legal Aid of North Carolina has a do-it-yourself divorce packet , which includes divorce forms that you might need, an explanation of the divorce process , and a glossary of terms you might encounter if you choose to get divorced.
You should not use this packet, however, if you wish to get spousal support or divide property between you and your spouse.
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- Legal Separation Law in North Carolina.
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Divorce and Separation: What's The Difference?
In other cases, people stayed married because one spouse needed financial support or health insurance. Regardless, legal separation is not available in North Carolina. A Separation Agreement is a legally binding contract. If one party breaches the Agreement, the other person can sue to enforce the Agreement in court.
- Legal Separation in North Carolina.
- North Carolina Divorce Laws;
- Separation Agreements?
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- The Ultimate Guide to Getting Divorced in North Carolina | Survive Divorce;
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You can represent yourself in a North Carolina divorce, and that includes drafting your own Separation Agreement. The Separation Agreement will determine who is responsible for real estate, including the title and mortgage, as well as how you and your spouse divide debt.
The Process of Military Marriage Separation
If you have children, the Separation Agreement can also determine how you and your spouse share or divide custody, as well as how you handle visitation with your child. The Separation Agreement can approach this in great detail, discussing things such as health insurance co-pays for the child, who will cover the cost of sports and extracurriculars, and how you and your spouse will divide visitation time over holidays. If you attempt to draft your own Separation Agreement, going back to court later to fix any mistakes or unclear provisions can end up being quite costly and time-consuming.
If the judge rules against you, you could also end up with a contract that puts you in a financial bind. Being forced out of the home due to domestic violence, other health, and safety issues, or to maintain self-respect, does not constitute abandonment. True abandonment could impact spousal support and property distribution during a divorce, but it is not guaranteed, in fact, it is unlikely.
When Are We Legally Separated? - NC Separation Guidelines
A problem arises when both spouses refuse to leave but they both want a divorce. A divorce from bed and board action may need to be filed if neither spouse will leave and one or the other has committed marital misconduct.
All that is required is moving out with the intent to live separate and apart permanently. Many clients ask if there is a way to get divorced prior to living separate and apart for one year. The answer is almost always no.
Separation and Alimony in North Carolina
You can file your divorce complaint one year and one day after the date of separation. The only exception is if you qualify for an annulment, which only applies in extremely limited circumstances. If you are the primary breadwinner in your home, you should prepare to pay some support. If the dependent spouse has to seek a court order for support, the supporting spouse can be required to pay back-support arrears and attorney fees in support actions.
While you and your spouse may not agree on the amount, payment of a manageable amount can show good faith early in the process and avoid litigation on support issues.