Charlotte Divorce Lawyer | Separating From a Spouse

Charlotte Divorce Lawyer

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Charlotte Divorce Lawyer

Divorce can change your life and strain you financially in many ways. For instance, income that previously supported one household must now cover two. You and your spouse might also disagree on how property or debts should be divided, and you may wonder if spousal support (alimony) could help improve the situation.

Thankfully, a Charlotte divorce lawyer understands the complicated nature of divorce and could help ensure you don’t give up property that you may be entitled to. For example, your right to request the equitable division of marital property or spousal support can be barred if you do not act quickly enough. Consulting with an experienced family attorney could prevent you from giving up property and or assets that may affect your financial well-being for years to come.

 

What Is the Divorce Waiting Period?

Before spouses can get divorced in North Carolina, N.C.G.S § 50-6 establishes that they must live separately for at least one year. This can raise many questions and disagreements about each spouse’s financial obligations during the separation period, as well as disagreements over custody.

Even though it is not possible to file for divorce until spouses have lived apart for a year, a Charlotte divorce attorney could help someone seek post-separation support (temporary alimony) while waiting for the year to pass. Our legal team could also help them file a custody action if the spouses disagree on where the children should live.

Once this one-year waiting period has passed, either spouse may file for divorce. The other spouse has 30 days to respond but can ask for an additional 30 days. After this 30 or 60-day response period, the divorce can be finalized.

Simple Divorce Explained

A simple divorce is an unofficial term for a divorce that does not divide property, split up debts, or order alimony. Most of the time, spouses seeking a simple divorce have no disagreements to resolve and just want to separate.

If you have had a short marriage with no children and you have not acquired significant property or debt, a simple divorce might work well for you. If you are not sure whether a simple divorce is best for you, a Charlotte lawyer could help you assess the situation and make the best decision for your circumstances.

 

Division of Marital Property During Divorce

North Carolina is an equitable distribution state, per N.C.G.S. § 50-20(a). This means that martial property and debts acquired during the marriage shall be divided by the court in whatever way is fair – this might not be 50/50.

Most of the time, any real or personal property acquired while you are married is considered marital property and can be divided by the court. The exception to this rule is that separate property cannot be divided during a divorce. Separate property refers to assets acquired before a marriage or items purchased with separate funds during a marriage, such as gifts or inheritances.

According to state law, if a spouse does not request the division of marital property during a divorce, the court can grant a divorce without dividing property at all. This could put one spouse at an extreme disadvantage if the other spouse held the title to most of the couple’s assets. If you are navigating the property division process during a divorce, a skilled attorney in Charlotte could help you determine which of your assets might be divisible or help you identify separate property.

Request a Consultation with a Charlotte Divorce Attorney

Divorce can be a challenging and emotionally draining process, and it is always best to work with an experienced legal representative. If you and your spouse acquired assets or debts during your marriage or you believe you need financial support after the divorce in question, it is highly recommended you take your case to an experienced legal representative. A Charlotte divorce lawyer could work in your best interests and help you protect your legal rights during this tricky process. Call today to schedule your initial consultation.

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