North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
The divorce complaint may be verified and filed no sooner than the first day after the full year of separation runs. If you verify the complaint before the year has run, even if you wait to file the complaint until after the full year, your case will be dismissed. The complaint must be verified, or […]
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If I separate from my spouse, do I have to divorce? Some people want to get divorced as soon as possible, for symbolic or personal reasons. One symbolic value served by initiating a divorce is to show your spouse (especially if the spouse left you) that you are in control of your life, and you […]
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The physical separation of the parties must be accompanied by an intention on the part of one of the spouses to cease cohabitation. Thus, the intent of the other spouse is immaterial. It is very important that you understand that in North Carolina, in order to be entitled to a divorce, you need not show […]
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Under prior case law, living “separate and apart” meant a cessation of habitation as well as sexual relations. When asking the question “are we still separated” today, while this is still the main precedent, there are some additions. The older cases repeatedly held that the separation requirement was not met if, during the one-year period, […]
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The complainant seeking a divorce from bed and board must establish at least one of the six fault grounds enumerated in the statute: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery. Further, the complainant must allege that […]
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Divorce, as distinguished from child custody, child support, alimony and property distribution, is not a complex process in North Carolina. Either you or your spouse must live in the state for at least six months prior to filing the action for divorce. You or your lawyer file a divorce complaint with the clerk of court […]
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Unfortunately, divorce can be an expensive process. Family law attorney Lee Rosen shares some tips on what you can do to cut costs in your Raleigh, Cary, Chapel Hill, Durham, or North Carolina divorce without cutting corners. How to spend less on your divorce Transcript Attorney fees for a divorce can be crazy. They can […]
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Unlike absolute divorce, a divorce from bed and board is a fault-based legal action. Despite its name, a divorce from bed and board does not dissolve the marriage: rather, it is a court-ordered decree of legal separation. In this separation, the matrimonial bonds still exist, so neither spouse has the right to remarry.
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Only the injured spouse can request a divorce from bed and board. Under North Carolina law, to qualify for a divorce from bed and board, you must show that your spouse has committed a marital fault. In this state, six types of faults will establish grounds for a divorce from bed and board.
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What is a separation agreement? A separation agreement is a contract between a husband and wife that states the terms under which they will live apart. In North Carolina, if the agreement deals with property issues the full legal name of such a document is a “Separation Agreement and Property Settlement.” You can see a […]
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