No-fault divorce

North Carolina is a “no-fault” divorce state. The only requirement for obtaining divorce from North Carolina is that you reside in North Carolina, and that you’ve been divorced with your partner for a minimum of 12 months. In divorce, neither party has to prove the any fault on the part of their partner which causes the break-up of the marriage. But, a judge may be able to consider the actions of the divorced parties in the division of debts and property as well as deciding whether one spouse should pay support towards the other.

Absolute Divorce

When a couple that is married is separated for a minimum of a year and one of the spouses resided at least six months in North Carolina for at least six months, each spouse is entitled to the right to an “absolute divorce”, meaning that they have been legally divorced. This may be complicated, since people typically divorce before other issues like the child’s custody, support and property division and spousal maintenance have been settled.

Separation From Bed & Board

Someone who receives separation from the bed isn’t legally divorced. This may be confusing, however it is not. A divorce from beds and boards is only a judicially authorized separation . It is granted in the following circumstances:

  • One spouse divorces the other spouse;
  • The spouse who is throwing the second out of the home;
  • In instances that have seen domestic violence
  • If there is evidence that there is evidence “indignities”;
  • It is a frequent drinking or use of drug by one of the spouses or
  • In the event that one spouse has committed adultery, the other spouse is guilty.

Contested vs. Uncontested Divorce

A divorce that is contested occurs when the parties can’t be able to agree on an part of their divorce. Most often, contested issues are custody of children, the payment of the spousal support, or even how to divide debts and assets. When there is a close-knit group of companies, or significant real estate assets or substantial real estate holdings, the value of the business or the property are often disputable.

Uncontested divorce is a divorce in which the parties have reached an agreement on any possible issues and have signed an separation Agreement. It is recommended of the two parties to submit the arrangement with the judge and then have it included in the final divorce decree however this doesn’t necessarily occur. Uncontested divorces are the most common when the parties are not wealthy in the way of property or assets or children and the issue of spousal support is not a problem.

Collaborative divorce

Collaborative divorce is the most popular method used by divorcing couples to reach agreements on divorce issues. When a divorce is collaborative, couple reach an agreement with the help of attorneys educated in collaborative divorce as well as mediation, often with the help from a non-biased financial expert or divorce coach(es). The parties are able to take their own choices in accordance with their personal desires and needs and with full details and professional assistance. When the collaborative divorce process begins attorneys are not able to participate to represent the litigants in any litigious legal process, in the event that the collaborative law process should be terminated early.

Many lawyers who specialize in collaborative divorce say that it is significantly cheaper than other divorce procedures (regular divorce, mediation or otherwise). In the event that the parties do have no agreement regarding the documents or other information that are exchanged during the collaborative process could later be utilized in subsequent legal proceedings. This is because the collaborative process isn’t an official process that is confidential, absent a legal agreement that declares it’s confidential. Additionally, there aren’t specific timeframes for the completion of divorce that is collaborative.

Mediated divorce

Mediation for divorce is an alternative to the traditional divorce litigation. In mediation sessions for divorce mediators facilitate the dialogue between the parties through assisting in communicating and offering advice and information to solve disagreements. Following the mediation process two parties to the divorce have usually drafted an individual divorce agreement that is then submitted for the courts. Mediation sessions may include one or both the attorneys of one party or a neutral attorney , or an attorney-mediator that can inform each of the parties about their rights under the law but not provide guidance to either of them or both parties, or may be conducted with the help of a transformative or facilitative mediator with no attorneys present or even present. The mediators in divorce may be attorneys with experience with divorce cases, or they might be mediators with professional credentials who aren’t attorneys however, they have been trained in family court cases. Mediation for divorce can be considerably cost-effective emotionally and financially as opposed to litigation. The rate of adherence to mediation agreements is significantly more than the rate of adherence by a court order.

The type of divorce you choose to have will determine the total price of the divorce, in terms of legal costs.

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