North Carolina divorce petitioners should possess proof of residency for at least the last six months. It doesn’t matter which state you were married in. The court can take jurisdiction in North Carolina as long as you fulfill this obligation. If you are ready to file for a divorce today, you should contact one of the Family Law Attorneys in Charlotte, NC and schedule an appointment.
Grounds for a Divorce
In North Carolina, the only no-fault ground for divorce is an irretrievable breakdown, which implies that either both parties have agreed to the divorce or neither wishes to assign blame. However, fault grounds do indicate that the actions of the defendant or circumstances pertaining to them lead to the breakdown of the marriage. Among the fault grounds are impotence, felony convictions, and incurable insanity that has lasted two years.
Marital Property Division
The state of North Carolina adheres to the equitable distribution of marital property. This implies that the court will ensure that both parties acquire an equal share of these assets. If either party will face a financial hardship due to the divorce, the court may require provisions to ensure that he or she receives a fair share based on these circumstances. If both parties agree to the terms of the divorce without going to trial, it’s likely that they will receive the properties that they prefer. However, when the couple cannot come to an agreement, the court makes this decision for them.
Marital Support Payments
The marriage must last at least ten years in most cases for either spouse to require alimony. The court assesses the financial circumstances of the petitioning spouse who wishes to receive these payments. The judge must determine that the spouse is unable to obtain the same lifestyle she or he had during the marriage after the divorce is final. The court could make provisions instead of the award of alimony to help them obtain the equivalent earning potential. For example, the court could require their spouse to pay for a college program that can assist them.
Dissolution of a marriage requires that the petitioner and respondent either agree to the terms or attend a divorce trial. Whenever a trial is necessary, the divorce is classified as contested and could take up to two years to complete. For more details, visit Conrad Trosch & Kemmy.
