Getting a divorce can be mentally and emotionally difficult on everyone involved. On top of emotional stress and fatigue, you may also have to deal with practical issues such as where you will live and how best to start a new life. Let someone else help you handle the legal issues—for instance, a seasoned Wake Forest divorce lawyer from our firm.
We could assist you with any legal matters you may have with your current or upcoming separation or divorce. Our legal team of skilled family lawyers here at Triangle Divorce Lawyers could negotiate a divorce settlement on behalf and, if necessary, represent you in court to help you get what you deserve.
There are two different types of divorces in North Carolina: an “absolute divorce” and a “divorce from bed and board.” Only an absolute divorce completely end the marriage and leaves both parties free to remarry, according to North Carolina General Statutes §50-11.
Less common is a divorce from bed and board, as defined by N.C.G.S. §50-7, generally results in a legal separation, during which the parties are still married. However, both types of divorces generally allow for the payment of child or spousal support, including alimony.
There are two primary means of obtaining an absolute divorce in North Carolina:
Under N.C.G.S. §50-6, either spouse may initiate absolute divorce proceedings if they have lived separately for a year or more and at least one spouse had the intent to end the marriage when they separated. A Wake Forest divorce attorney may be able to analyze an individual’s specific situation to determine if they are eligible for divorce based on this ground.
Alternatively, under N.C.G.S. §50-5.1, a sane spouse may petition for divorce from an incurably insane spouse if they have lived separately for three consecutive years. This grounds for divorce usually requires at least “two reputable physicians” to certify that one spouse is incurably insane.
To file a claim for divorce from bed and board, an individual must claim a specific ground for the divorce, such as the reasons set forth in N.C.G.S. §50-7:
Since each of these grounds is based on fault, each case for divorce from bed and board is typically different based on the specific facts of the case. For example, a divorce due to cruel or barbarous treatment may be substantiated if the offending spouse has a history of domestic violence. Similarly, an individual could obtain a divorce based on intolerable indignities if they present evidence that their spouse regularly subjected them to harassment, verbal abuse, or the like.
N.C.G.S. §50-8 further goes to establish additional criteria for a divorce from bed and board in North Carolina. These stipulations include that the filing party or parties must have resided in North Carolina for at least six months prior. A divorce lawyer in Wake Forest may be able to provide further assistance regarding potential claims for divorce from bed and board.
Going through a divorce may sometimes seem like a long and complex process, but you have options to assist you with any legal questions you may have. Our attorneys here at Triangle Divorce Lawyers are knowledgeable about divorce issues and law in North Carolina, and they could use that knowledge to help you get a fair settlement.
Along the way, a Wake Forest divorce lawyer from our firm could answer any questions you may have about the divorce process to ensure that you are as well-informed as possible. We are committed to making this process as fair and painless for you as it can be, so do not delay in scheduling a case review and getting started exploring your options.
Schedule a case review with our Director of Client Services.