People enter a marriage hoping the relationship will endure forever. Over time, however, they sometimes grow apart. Divorce is often the best solution in these circumstances.
Dissolving a marriage is stressful, legally complex, and time-consuming—but working with a skilled family attorney can make it easier. If you are considering ending your marriage, contact a Pineville divorce lawyer for the professional guidance you deserve. We can help you prepare for the next chapter of your life.
Except in rare cases where a spouse is confined to a mental institution, separation is the only ground for divorce the state recognizes. You do not need to get a legal separation. In fact, the state of North Carolina does not recognize the status of legal separation. To be separated simply means that you and your spouse reside in different homes, and one of you intends to live apart permanently. You must be separated from your spouse for at least one year before you can file for divorce.
In addition, there is a residency requirement when filing for divorce. Either you or your spouse must have lived in the state continuously for at least six months to be eligible to file for divorce here.
If you are unsure about your divorce eligibility, reach out to a Pineville divorce attorney today. We will review your circumstances and determine whether you meet the state’s separation requirements.
Divorcing couples must divide their marital property equitably. An equitable distribution is not necessarily 50/50, but it must be fair. If the court must decide on property division, it considers numerous factors, including:
Additionally, when discussing property division with your spouse, it is important to understand the difference between marital and separate property.
The assets and debt each of you owned when you got married is your separate property, as are any inheritances and gifts to you alone from third parties.
The property and debt you acquired during the marriage is marital property, whether it is held jointly or in the name of just one spouse.
North Carolina General Statutes § 50-20(b)(4) recognizes a third category called divisible property. This category includes changes in the value of the marital property during the time between the separation date and the final divorce decree.
A Pineville divorce attorney will advocate for a property division that meets your goals in the divorce and prepares you to start your new life without undue hardship.
A divorce becomes much more complicated when children are involved. Separating parents must decide custody issues either formally or informally. When the couple divorces, they usually develop a parenting plan to stay involved in the lives of the children they share.
Parents must decide who will have legal custody and decision-making authority. They must also decide where the children will live most of the time, which is called physical custody. Parents may share legal and physical custody, or one parent may hold legal or physical custody solely.
If parents have joint physical custody, children will spend considerable time living at the home of each parent. The specific arrangement depends on factors like the locations of the children’s schools relative to each parent’s home and the parents’ work schedules. Joint custody could also mean the children live with one parent during the week and spend weekends and holidays with the other parent. In these cases, good communication skills will be necessary for collaborative co-parenting.
Alternatively, sole custody means the children live with one parent all or almost all the time, though the other parent has visitation rights. Regardless of the type of arrangement you seek, working with our Pineville attorneys helps ensure that your post-divorce plan for custody meets all relevant legal requirements.
If you and your spouse—or only you—are thinking about dissolving your marriage, get in touch with a Pineville divorce lawyer as soon as possible. We can explain the law and help you plan for your future.
Getting advice from a trusted legal professional ensures you do not make any expensive mistakes. Schedule a consultation today. Knowing your rights is the first step of knowing your worth.