A divorce between two people is always a complex legal proceeding, but North Carolina divorce laws try to ensure that both parties in a divorce are treated fairly. If you file for divorce in NC, it is helpful to fully understand how these laws will apply to you. According to top Concord divorce attorneys, here’s everything you need to know about divorcing a spouse in the state of North Carolina.
Grounds to File a Divorce
North Carolina does not require that there be an at-fault party in a divorce. If both husband and wife have lived separated for one year, they can file a no-fault divorce. If you want to be divorced in less than a year, a North Carolina divorce lawyer can help you to file for an at fault divorce by proving to the court that your spouse has:
» abandoned you
» maliciously turned out you out of your home
» harmed your life with cruel treatment
» made your life intolerable with their behaviors
» used drugs or alcohol excessively
» committed adultery
How Is Everything Divided After Divorce?
The court will work to find a fair and equitable distribution if the parties cannot agree on how to divide properties. If children are involved in the divorce, the court will focus on the best way to meet the needs of the minor children. The court will take into account the following factors when dividing property:
» The assets of each party in the divorce.
» Whether or not a party is receiving spousal support from a previous marriage.
» The length of the marriage.
» Custody needs.
» Individual contributions and claims to marital property.
» The age and health of each party.
» Anything else the court considers relevant.
Will Either Spouse Have to Pay Support?
There are two types of support that may be required after a divorce. Spousal support is not required in a divorce, but it is considered on a unique case by case basis. If a parent no longer has custody of a child, they may be required to pay for child support based on general guidelines.
If you are about to file for divorce in NC, a North Carolina divorce lawyer can help you to reach the optimal outcome for your case. Contact us today to learn more about how we can help you.