If you are seeking a divorce in North Carolina, the law requires you to show that you have “lived separate and apart for one year” from your spouse. In other states, the law doesn’t require spouses to physically move into separate residences and live completely apart. In North Carolina, however, living separate and apart for a one-year period is one of the conditions you must meet to qualify for an absolute divorce. While it may seem like an easy thing to prove, courts take the separation requirement quite seriously. If you have questions about this requirement, it’s very important to speak to an experienced North Carolina divorce lawyer. Your lawyer can explain your options and help you take steps to ensure your divorce unfolds smoothly. What If We Move Back in Together and Then Separate Again? Divorce can be a challenging time for a couple. It’s quite normal for couples to argue and then temporarily reconcile. You have dedicated your life to the other person, and you want to be … [Read more...]
Selling the Marital Home in a Divorce
By clearly defining the roles and expectations for each party, disputes can be avoided as the sale process unfolds. For many married couples, the family home is their biggest asset—or at least one of the most significant assets they own. In a divorce, they may decide to sell it and split the proceeds of the sale. Sounds easy, right? It can be, but there are many factors to consider when putting your home on the market in a divorce. If you don’t think about the what-ifs now, you and your spouse may encounter a lot of disagreements down the road. If you are thinking about ending your marriage, contact a North Carolina divorce lawyer to discuss your case and get your property division questions answered. Putting Your House on the Market When you sell your home during the divorce process, there are several important contingencies you and your spouse need to discuss before you stick the for-sale sign in the yard. Who chooses the real estate agent? What is the asking … [Read more...]
North Carolina Child Custody Lawyer – Making Divorce Easier on the Kids
Witnessing verbal sparring and heated arguments can be stressful for children, especially in a divorce situation. When parents decide to end their marriage, they naturally worry how their divorce will affect their children. They might even have bad memories of their own parents’ divorce, which can make them reluctant to move forward with the divorce process. However, research shows that children thrive more in a divorce situation than they do in unhappy households filled with bickering parents and high levels of conflict. If you and your spouse are unable to work it out, it may be better for your children if you and your spouse go your separate ways rather than try to stay aboard a sinking ship. If you have questions about child custody or how divorce in North Carolina affects minor children, get in touch with a North Carolina child custody lawyer today. Three Things You Can Do to Help Your Kids Cope with Divorce You don’t stop being your child’s parent just because you … [Read more...]
North Carolina Divorce Attorneys – How Long Does the Divorce Process Take?
Knowing how long you can expect the divorce process to last can help you prepare for life after the divorce is final. Once you have decided to divorce, your first question may be, “Just how long is this going to take?” Understandably, you look forward to putting the divorce behind you and moving forward with your life. Few people relish the thought of spending months in court. As North Carolina divorce lawyers, we’re aware that our clients want to plan for the future. Knowing how long you can expect the divorce process to last can help you prepare for life after the divorce is final. Factors That Influence the Divorce Process Like other legal proceedings, divorce is a type of lawsuit. Because there are opposing parties with conflicting interests, getting to a resolution isn’t always easy or fast. Although your lawyer can give you a general idea of how long the case is likely to last, the trajectory of the case is still dependent on the actions and behaviors of the other … [Read more...]
Raleigh Divorce Lawyer Says How Dating Can Affect Your Divorce
North Carolina Family & Divorce Lawyer ExplainsAlienation of Affection & Criminal Conversion Many people wonder whether it’s okay to date while they are going through a divorce. There are many reasons why you may wish to date during the divorce process. Maybe you and your spouse have lived apart for months, and your relationship ended a long time ago. Understandably, you may wish to move on with your life. It’s also understandable to wonder if dating during divorce could negatively impact your case. As Raleigh North Carolina divorce lawyers, we help people from all walks of life navigate the complexities of divorce. Each case is different, and what works in some divorces may not work in others. Before you decide to date, it’s best to discuss your concerns with an experienced North Carolina family law attorney. How Dating Can Affect Your Divorce In North Carolina, divorce is a no-fault process, which means the reason for the divorce doesn’t have to be based on a spouse’s … [Read more...]
Can same-sex couples in North Carolina cite grounds for divorce?
As you may or may not know, there are two types of grounds for divorce here in North Carolina: fault and no-fault. Depending on which type you have, divorce proceedings go differently. For couples who cite fault, divorce proceedings start right away. But for couples in no-fault situations, spouses must live separately for at least one year before filing for divorce.In cases of fault, a spouse may cite any of the seven grounds for divorce mentioned in § 50-5.1 and § 50-7 of our state's family law statutes. Grounds for divorce can include things like insanity, abandonment, cruel or abusive treatment or adultery, just to name a few. Though it's always been known that heterosexual couples could cite grounds for divorce, the recent U.S. Supreme Court decision regarding same-sex marriage begs the question: Can same-sex couples in North Carolina cite grounds for divorce?Though the obvious answer to this question may seem like a resounding yes, it's important to note that the wording of our … [Read more...]
7-year child custody battle reflects hazards of dysfunction
Nearly every family experiences some sort of dysfunction. In those situations where issues between parents become too great to overcome, a decision to divorce sometimes is made. And one of the issues that can trigger the greatest a level of emotional upheaval is working out matters related to child custody.The standard the court uses for approving or rejecting child custody decisions in every state, including North Carolina, is to consider what is in the best interest of the child. Of course, that is a broad parameter that can lead to all sorts of interpretations. And if the parents' relationship is particularly dysfunctional, the children can become unwitting victims of a struggle of wills. The courts recognize the potential for this and the general consensus among many experts is that everyone can benefit if parents settle on a workable plan through alternative dispute resolution that avoids contentious court fights. When this guidance is ignored, what can happen is what was seen in … [Read more...]
