The state of North Carolina, a divorce is often referred to in the state of North Carolina as ” absolute divorce”. You might have heard of the term “absolute divorce” or divorce in bed and board. This is not an official divorce.

North Carolina is one of the many states that have eliminated fault as a basis for divorce. This law minimizes the possibility of damage to the spouses and their children resulting from the divorce process. All that is needed is that the person who has the right to the divorce is legally resident of North Carolina for 6 months and the other parties were separated for at minimum one year. Both spouses can apply for divorce absolute after the separation period has ended. However, fault can be considered in certain circumstances in the awarding of alimony as well as the medical custody decisions.

Each divorce case is distinct so settlements can differ. While fault is not an issue however, the distribution of possessions and property and the responsibility for supporting be contested issues. The legal process to obtain divorce typically involves questions of spousal maintenance and child custody, child support, property distribution and the division of debt although these issues are typically just ancillary to the overall divorce.

The divorce process is extremely emotional and difficult for all it affects. Couples who are married often don’t understand the legal obligations and rights they have. Judges and court clerks can provide answers to your most fundamental questions, but they are not permitted from providing legal advice. Only your lawyer has the authority to give advice. The court procedures must be strictly adhered to otherwise you risk losing certain rights permanently. It is highly recommended to seek the assistance of an attorney for legal issues regarding your rights during divorce, your rights as a parent and rights to property, the responsibilities that result from marriage, or tax implications. A skilled lawyer can assess your specific situation and provide you with the facts that you require to make choices that are in the best interests of the family and you.

A divorce has to be certified by an appropriate court in order to be effective. The terms of divorce are typically determined by the court, however they can take into consideration agreements between the parties in prenuptial or postnuptial arrangements or simply ratify the conditions that spouses could have negotiated privately during the case of a divorce that is not contested. Beware that in absence of a contract, the divorce that is contested can be difficult for both spouses and result in costly litigation. Alternatives to divorce that are less adversarial settlements have emerged recently like collaboration and mediation that seek to find a mutually acceptable solution to disputes.

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