It takes considerable work, effort, and understanding to make a marriage work. When a marriage has failed and divorce seems like a better option, it’s time to seek legal help. North Carolina allows for no-fault divorce, and you can actually file papers on your own. However, it is important to understand and appreciate that divorce is more than just filling out forms. You may have to decide on important aspects, like child custody, alimony, and distribution of assets, and for that, talking to a Charlotte divorce lawyer is prudent. In this post, we are sharing some quick facts related to divorce in NC.
Divorce in North Carolina can take time
To file for divorce in the state, you and your spouse must have lived separately and apart for at least one year, prior to filing. This doesn’t mean just two bedrooms of the same house, but two separate residences. State laws in North Carolina allows time to couples to sort various important marital matters. Even in case of child custody, courts usually ask co-parents to attend mediation and consider coming up with their own agreement related to child custody and support. Once the important financial and other matters are resolved, you can be done with your divorce. In any case, it is wise to go slow with your divorce. Take time, so that you have enough scope to evaluate every decision twice.
Division of marital property
North Carolina allows for equitable distribution of marital property. This doesn’t mean equal. The court will identify and classify assets owned by the couple, and decide on a division in an equitable manner. If you inherited assets or had invested in properties before you marriage, let your attorney know.
Child custody laws
Like we mentioned, the court will usually encourage the couple to sort child custody between them and sign an agreement acceptable to both. You can decide on child custody without an agreement too. The other option is a court order, but in NC, only a few child custody cases come up in court. Co-parents have the choice to change the existing agreement as needed in the future. If the court is taking decision, the ‘best interests of the child’ will be considered.
Get an attorney
There’s no denying that child custody is an emotionally-charged subject, and spouses often don’t agree on things as parents. When that happens, having an attorney by your side will help in negotiating better.