Enduring a divorce is undoubtedly one of life’s most challenging experiences. It is not just your marital standing that changes—your entire life undergoes a transformation. If you are contemplating divorce, you may be leaning towards navigating the process on your own.
However, without the benefit of a Raleigh divorce lawyer who understands the intricacies surrounding the divorce process, you may overlook key details that could result in an agreement that does not reflect your best interests.
A knowledgeable divorce lawyer can help you think tactically about what you want to gain from your divorce so that you can avoid problems, and, instead, achieve the best outcome for your situation.
North Carolina divorce laws recognize two types of divorce: absolute divorce (NC Gen Stat § 50-5.1 and NC Gen Stat § 50-5.6) and divorce from bed and board (NC Gen Stat § 50-5.7). There are two grounds for absolute divorce in Raleigh.
Separation for One Year
Either spouse may be awarded a no-fault absolute divorce if the married couple has lived separately for one year and at least one of the spouses resided in North Carolina for the period of six months prior to filing the action. However, it is imperative that the couple not resume their marital relationship during this one-year period, as defined in (NC Gen Stat § 52-10.2). Although, isolated incidents of sexual relations may not constitute a resumption of the marital relationship.
This ground for divorce is not based on marital misconduct, but rather occurs if a married couple lives separately for three consecutive years on account of the incurable insanity of one of them. Proving incurable insanity requires that the healthy spouse obtain sworn statements from two respectable physicians: a staff member (or the superintendent) of the institution where the insane spouse is confined and one regularly practicing physician in the community where the couple resides.
Divorce From Bed and Board is not actually an absolute divorce but is a legal separation based upon fault. An example of when a divorce from bed and board is recommended is when the parties reside together and neither spouse will agree to move out. Divorce from bed and board is granted when one or more of the following faults is found:
In North Carolina, while claims for alimony and equitable distribution do not have to be decided before a divorce is granted, they generally must be pending to prevent an individual from being barred from later pursuing these claims (NC Gen Stat § 50-11). It is vital to preserve your rights prior to the divorce decree being entered, and a Raleigh divorce attorney can help.
If you are looking for an attorney who can guide you through the ins and outs of the divorce process in North Carolina, and help you preserve your right to alimony and property distribution, then call for an informative case review and let a passionate attorney explain their approach.
An experienced Raleigh divorce attorney can help you to lead a quality life after divorce by seeing to it that you remain well protected during the process and avoid issues that may prove costly down the road.
Triangle Divorce Lawyers is always seeking ways to make our firm run more efficiently for the sake of all of our clients. We are also passionate about helping other law offices do the same. That’s why one of our founding and managing partners, Mary Gurganus, will be speaking at the National Business Institute Seminar – A Litigation Paralegal’s Guide to Case Management. This event takes place on November 16, 2018 and will cover tactics and tips on how to make a legal office run more efficiently. To learn more visit our event page.