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What Is the Divorce Law in North Carolina

“Post-separation assistance” is a temporary form of spousal support paid by a assisting spouse to a dependent spouse who needs assistance after separation but before divorce. North Carolina is a state of flawless divorce. However, North Carolina considers fault in other circumstances (e.g. B, divorce from bed and food and alimony). North Carolina considers any retirement plan acquired during marriage to be matrimonial property for the purposes of divorce. Therefore, pension plans such as 401(k) and IRAs are subject to the same 50/50 split as other matrimonial property. However, only the value of the pension or pension plan accumulated during the couple`s marriage is considered matrimonial property and is divided. All savings accumulated before marriage or after divorce are personal property. During a divorce, North Carolina courts try to divide matrimonial property in a manner that is fair and equitable to both parties. Matrimonial property includes all income, assets and debts that you and your spouse accumulated during the marriage. The following overview explains the steps of a divorce in North Carolina. Call The Raleigh Divorce Attorneys of Charles R. Ullman & Associates or use our online contact form for more information and assistance.

We serve guests throughout Raleigh and Wake County. After you and your spouse have lived apart for 12 months, you can file for divorce in the state of North Carolina. The first step in this process is for a party to file a divorce action with the clerk of their district court. A person`s lawyer may also do so on their behalf. After that, the sheriff`s office will serve the divorce lawsuit on the other spouse, usually by registered mail. At least in the district of Mecklenburg, the assignment of a lawyer is not compulsory. The self-service center has forms that individuals can fill out and file for divorce. However, you should consult a lawyer before filing the divorce to make sure there are no other viable claims you want to pursue. In North Carolina, “matrimonial property” can be divided between the parties, while “separate property” is not divided. In general, property or debts that one of the spouses had before the marriage is “separate property” from that spouse and is not divided.

However, a spouse may be entitled to an asset based on active value increases during the marriage. Property and debts acquired during marriage are generally classified as “matrimonial property” (exceptions include inheritances and gifts that one of you received from a third party during the marriage). A third category, called “divisible property”, applies to property obtained between separation and divorce. Divisible property may be divided between the parties depending on the circumstances. The reason for this is that a bed and food divorce can still serve a few important purposes. First of all, you can file this type of divorce without being separated for a year; If you succeed, divorce will result in legal separation and may provide reasons to remove your spouse from your home. Second, proving that your spouse is responsible for the breakdown of your marriage can put you in a better position when dealing with divorce issues such as child custody and spousal support. Then, after being separated for a year, you can return to court and receive a verdict on absolute divorce, which will end the marriage forever and allow you to remarry. That depends. In some North Carolina counties, it is possible to get a divorce without going to court. In Mecklenburg County, for example, as long as all procedures are followed (i.e., a six-month stay, a one-year separation, service of the other party, and no substantive factual issues), you do not have to appear in court.

Divorce from bed and food often leads to confusion because the name is misleading: if you ask a court for a divorce from bed and food and you succeed, you are still married to your spouse. You will not be able to remarry until you get an absolute divorce. So why would anyone want to get that kind of confusingly named “divorce” that doesn`t really end the marriage? In addition to the division of property, three other important legal issues can lead to difficulties in a divorce case: alimony (also called spousal support or post-separation alimony), family allowances, and custody. .