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Understanding No-Fault & Absolute Divorce in North Carolina
North Carolina is a
“no-fault” state. This means that either spouse can file for and ask the Court to enter a
Divorce Judgment to officially and lawfully end the marriage without the
consent of the other party, without the signature of the other party,
and without a finding that one spouse is at fault for the end of marriage.
On the other hand, an absolute divorce is the process for legally ending
a marriage. Before the North Carolina Court can grant your divorce, you
must meet the following requirements:
(a) physically separate from your spouse
(b) live separately and apart from one another with one spouse having the
intent to remain separate
(c) actually live separate and apart from one another for at least 366 days
(d) either you or your spouse must be a resident of North Carolina for
at least six (6) months prior to the date of filing the Complaint for Divorce.
Whether you are considering divorce or have already made your final decision,
you are going to need an experienced legal advocate on your side. That’s
where the attorneys of Miller Bowles Cushing can help. With our
more than 35 years of combined experience, we can help you through this difficult time by representing your interests
and fighting for everything you deserve.
Contact us today at (704) 810-1400 and schedule a private consultation to discuss
What Is the Concept of "Separate and Apart?"
Many North Carolinians ask what it means to live “separate and apart”
and what may and may not qualify as legal separation to begin the 366-day
Our Courts have repeatedly ruled that to be “separate and apart,”
spouses must live in separate residences from one another and one spouse
must do so with the intent to remain separate and apart thereafter.
For example, sleeping in separate bedrooms or one spouse sleeping on the
couch in the same home does not qualify as “separate and apart”
to begin the 366-day waiting period.
Legal Issues Must be Resolved Before Divorce Judgement
While the process for obtaining a Divorce Judgment is often a straightforward
process, the entry of the Divorce Judgment is an important event which
affects legal rights and can have catastrophic repercussions if you do
not plan and prepare.
Because the Divorce Judgment terminates all marital rights between the
spouses, if a claim for alimony or equitable distribution has not been
filed with the Court before the Divorce Judgment is entered, those claims
are forever barred.
There are many factors people fail to consider when undergoing divorce:
Shared insurance policies will need to be separated
Alimony or equitable distribution will need to be determined before a Divorce Judgement
Paying alimony will provide tax breaks, while receiving alimony must be
reported as taxable income
You should have your most valuable assets appraised to help you determine
what is most worth fighting for
You could be held responsible for debt accrued by your soon to be ex-spouse.
As lawyers in Charlotte, North Carolina, we understand the complexities
of these cases. We can help you navigate the numerous pitfalls of divorce
so that you are not blind sighted when the day comes to make final decisions.
Over 50 Years of Collective Experience Handling Family Law Cases
Devoted to Providing the Highest-Quality Legal Representation to Our Clients
Proud to Provide Top-Notch Legal Service From NC Board Certified Specialists in Family Law
See What Our Clients Have to Say
Chris and his team were very thorough, professional and really helped in a time of need.
“Chris and his team were very thorough, professional and really helped in a time of need.”
- Sara B.
Chris Miller is the most professional and helpful attorney available.
“Chris Miller is the most professional and helpful attorney available.”
- Dana K.
. He walked me through every aspect of the process and he answered all of my questions and/or concerns promptly and thoroughly.
“Learning that I was headed for divorce was painful, but faced with the “what next?” and the unknown process that followed was terrifying to me. I’m so glad I found this firm. The moment I walked in ...”
- Sonja E.
I highly recommend Nick Cushing in the area of Family Law.
“I was very satisfied with the legal representation given by Nick Cushing and his team. There wasn’t one instance where I wasn’t completely satisfied with their efforts on my behalf. Nick was the ...”
- Steve N.
Excellent level of commitment and perseverance throughout the case. He made efforts above and beyond expected time after time. He is thorough and detail oriented, and takes that extra time to do the best possible job he can. His integrity is unquestionable
“Nick is an amazing attorney! He is very good at communicating with his clients and being very understanding of the tough situations that people are presented with when going through custody ...”