Considerations When Divorcing in North Carolina
North Carolina Permits Fault and No-Fault Divorce
When it comes to grounds for divorce, North Carolina is a hybrid state. It permits filings for both fault and no-fault divorce actions. It is important that divorcing parties are aware that North Carolina is a no-fault state as no-fault normally provides individuals with a speedy and egalitarian divorce proceeding. A contentious marriage or parties who have viable legal grievances against one another may not agree to a no-fault divorce proceeding. Therefore, knowing the differences between the two grounds of divorce is valuable to all parties involved. Under North Carolina law, the two broad bases for fault divorce are marital misconduct (i.e., adultery) or incurable insanity. The complete definitions of both broad grounds are defined via legal precedent and legislative interpretation. In the alternative, no-fault divorce is clearly stated under statute. Under the no-fault divorce statute, both parties must have resided in North Carolina for six months or more. The parties must also live separate and apart for one year.
One Year of Separation
The one year separation standard deserves further discussion. Parties involved in divorce litigation in North Carolina must fully comprehend the requirements and restrictions of this provision. North Carolina requires that the parties live separate and apart from one another for the entirety of the twelve months. The separation must be significant in proximity and excludes instances where the parties reside in different areas of the same dwelling home. However, the separation provision discounts isolated instances of sexual encounters between the parties. During the one-year period, it is imperative that the parties cease holding themselves out to the world as a couple. A majority of divorces initiated in North Carolina occurs under the one year separation rule.
Divorce from Bed and Board
Another form of divorce permitted in North Carolina is called divorce from bed and board. It is an outdated form of divorce rooted in English common law. Unlike the one-year of separation ground, divorce from bed and board does not qualify as absolute divorce. In the instance of a finalized divorce from bed and board action, the court grants the parties a perpetual separation and protection in their persons and property. Divorce from bed and board is a permanent separation of sorts. This option is usually for individuals who do not want to endure a full divorce due to financial or religious reasons. They see value in a decree that permits them to live separately and divide their property, while protecting the legal and religious union. This option is often utilized by people of advanced age who have been married for many years.
Your North Carolina Family Law Attorneys
Divorce can be a long and difficult process. You need a team of experienced attorneys who understand the nuances of family law. Please contact Powers Landreth PLLC if you have any questions. Our seasoned attorneys are on-hand to provide you with the help you need. Contact us now for your individualized consultation.
Resource:
ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0050
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How Settlement Negotiations Contribute to Amicable Divorce in North Carolina
The common perception of divorce is generally negative. Pop culture is rife with depictions of nasty divorces and spouses bickering over every single possession. Children are often caught in the crossfire, as their parents fight bitterly to take everyone possible from their former partner.
In order to avoid a costly and lengthy divorce battle in the courts, an increasing number of spouses are taking advantage of settlement negotiations. Using techniques from alternative dispute resolution, the settlement negotiation process helps amenable spouses work together to isolate a mutually beneficial solution to divorce.
The following sections will provide an overview of the settlement negotiation process in North Carolina.
What is the Settlement Negotiation Process in North Carolina?
As outlined in Chapter 50, Article 4 of the North Carolina General Statutes, settlement negotiations feature an out-of-court process for spouses who wish to divorce.
Instead of engaging in a fully fledged court process for divorce, settlement negotiations allow the spouses to resolve their issues directly. Stated otherwise, the spouses work with each other to design the parameters of their divorce.
Throughout the settlement negotiation process, the spouses and their respective attorneys will work together to plan the family’s post-divorce reality. If the spouses have children, they will need to determine child custody. In certain cases, alimony or other support may be appropriate. The spouses will also need to figure out the equitable distribution of the marital property that they share together.
Overall, the settlement negotiation process allows spouses to plan out all of the essential terms in a divorce, without the stress of court filings, appearances, and additional attorney’s fees.
How Do Settlement Negotiations Help Achieve Divorce in North Carolina?
Chapter 50, Article 4 of the North Carolina General Statutes outlines certain requirements necessary to achieve an out-of-court divorce. Assuming the spouses are able to agree amicably on all required divorce terms – including child support, property division, alimony, etc. – then there are a few remaining steps.
First things first, the spouses and their attorneys prepare a writing that summarizes their settlement negotiations. Both spouses and their respective lawyers must sign the writing. Without all required signatures, the writing is not valid or effective.
Secondarily, the writing must specify all of the agreements and understandings from the settlement negotiation process. This means that the writing must spell out in specific terms all agreements concerning alimony, child support, property division or other relevant terms.
Let Us Assist You Today
Whether you are dealing with settlement negotiations, it can be valuable to seek legal assistance from a skilled family law attorney. Don’t hesitate to contact Powers Landreth PLLC in Charlotte for help.
Resource:
ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_50/Article_4.html
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