Personalized Legal Solutions for Every Family Situation

Separating from a marriage is a challenging and emotionally taxing experience, especially without a legal partner who is there to handle the most complicated elements of getting a divorce in North Carolina.

In North Carolina, a married couple must be physically separated for one year before filing for divorce. The first year of physical separation is crucial for couples to establish their new selves, financially and emotionally. Separation is also a tumultuous time for parents as they learn to co-parent their children. When kids are involved, the need for legal guidance, support, and valuable insight is even more pressing as you navigate child support and child custody matters.

When you come to us for help, we will explain the separation and divorce process so you can rest assured that your legal needs will be fully addressed. Meridian Law Office is dedicated to helping protect your family’s future.

Contact our Concord divorce lawyer today to schedule a consultation to learn more about how we can help.

What are Some of the Most Critical Issues That Must Be Decided in a Divorce?

You are about to dissolve your marriage and legally open new doors in life, but the pile of legal documents and issues you need to address feels daunting. You need to figure out:

• Where you’re going to live and who is keeping the house
• What financial support is necessary for either spouse
• How the new social dynamic will work
• The distribution of property

Issues become even more complicated if you and your spouse have children. Some of the most contentious issues in a divorce often involve deciding critical issues, including child custody, child support, and visitation rights. Depending on the length of your marriage, you may also have acquired significant amounts of property together, which needs to be divided.

Because of the long-lasting consequences of divorce, having legal representation is vital to avoid unnecessary disputes. When emotions and decisions can feel overwhelming, it is best to have the help of knowledgeable family law attorneys who will act as your legal advocate. Meridian Law Office is a family law firm with a proven track record of helping clients transition into the next chapter of their lives. Contact us today to learn more about our legal services.

When is the Right Time to Hire Divorce or Separation Attorneys?

Most individuals never expect to need legal help with a separation or divorce. Even so, hiring divorce or separation attorneys early on will prove invaluable in helping you alleviate stress as you work to rebuild your life.

Many individuals delay hiring attorneys, but in reality, it is best to have legal representation as soon as you sense that your problems with your spouse are too complex to resolve independently. For example, couples that share children who wish to separate often need the help of an attorney to determine child support and visitation issues. If you suspect that your spouse may be unwilling to work amicably with you, you will need attorneys who can help you obtain a court order that addresses these essential concerns.

Additional factors that make hiring attorneys essential include:

• You anticipate conflict with your spouse
• You own a significant amount of property
• Your spouse has already hired an attorney
• You have been served with legal papers

Being proactive and hiring Concord divorce & separation attorneys early on can give you a definite advantage, as they can explain the separation or divorce process and help you prepare for what’s coming in the next few weeks and months. Your legal representative will also advise you of your legal rights and develop a legal strategy that adequately provides for your current and future needs.

How Long Do Couples Need to Be Separated in North Carolina Before They Can Get a Divorce?

North Carolina family law dictates that married couples must be separated for at least one year before they can file for an absolute divorce. Under the law, being separated means living in separate residences. Living in separate bedrooms does not count as separation.

During the one-year separation, at least one spouse must intend for the separation to be permanent. If spouses reconcile or move back in together during the one-year separation period, but the relationship cannot be repaired, the clock is reset to one year.

It’s also important to recognize that one of the spouses must have lived in North Carolina for at least six months before filing for a divorce.

What are Legal Separation Agreements in North Carolina?

Often, when North Carolina couples separate but are not ready to divorce, they need a legal separation agreement that outlines the key issues that must be addressed. A legal separation agreement is a private, written contract between spouses, best managed with the guidance of experienced Concord divorce & separation lawyers.

Although North Carolina does not have a formal legal separation process, having a legal separation agreement is essential for couples who need to resolve vital family law matters before a divorce can take place. In many instances, a legal separation agreement is a preliminary step toward divorce. For a legal separation agreement to be legally binding, it must be in writing, signed by both spouses, and notarized.

Some of the most essential matters addressed in separation agreements include:

• Child custody and support: The agreement should guide living arrangements, visitation schedules, and the financial support that each parent should contribute to their child’s well-being
• Spousal support: Depending on each spouse’s financial situation, a separation agreement can address how much spousal support should be paid
• Debt and property division: Although not a legal divorce, a separation agreement can address how debts should be handled, along with the division of assets
• Marital residence: It will most likely be necessary to resolve matters related to the marital home, especially if the couple shares children

Is North Carolina a No-Fault Divorce State?

North Carolina is a no-fault divorce state, meaning neither spouse is required to prove the other did anything wrong to end the marriage. Even so, although most divorces in the state are no-fault, one spouse can seek a “divorce from bed and board” (DBB). It is essential to recognize that a DBB is not a divorce but a fault-based legal separation meant to resolve marital disputes involving property rights and alimony.

A divorce from bed and board is not like an absolute divorce, which requires only that the couple be separated for at least one year, and that one spouse be a legal resident of the state for at least one year.

Grounds for a divorce from DBB include:

• Abandonment
• Adultery
• Cruelty
• Excessive drug or alcohol abuse
• Personal indignities that make life intolerable
• Maliciously forcing one spouse to leave the residence

If a spouse wishes to pursue a DBB, they must prove the marital misconduct they allege, as it may require the judge to award alimony to the innocent spouse or deny it to the spouse found at fault.

Although proving these fault grounds will allow you to obtain a legal separation, married couples will still have to wait for the required one-year separation period to end before an absolute divorce can be finalized.

What is Equitable Distribution in a North Carolina Divorce Case?

North Carolina uses the equitable distribution principle in divorce cases to divide the couple’s marital property. Although the term “equitable distribution” seems to insinuate that property will be divided equally, this is not always the case. Instead, the court looks to divide property in a way that is fair but not necessarily equal.

Under the law, property division is determined by identifying, classifying, and valuing all debts and assets acquired during the marriage, and then dividing them between spouses. One of the court’s main concerns is identifying and distinguishing between separate and marital property.

Separate property is any assets or debts that one spouse owned before the marriage occurred or received as a gift or inheritance. Only marital property that was acquired during the marriage is subject to equitable division.

It is worth emphasizing that if you and your spouse can independently agree on how property should be divided, the matter will not have to be decided by the court. Still, the agreement must be submitted to the court for review. Generally, a judge will approve the agreement unless it is deemed unfair to one or both parties.

What Factors Are Taken Into Account in Property Division?

North Carolina law operates under the principle that presumes that a 50/50 split is the fairest approach to dividing property. Factors that are taken into account in property division include:

• Length of marriage
• The age and health of each spouse
• The income and earning potential of each spouse
• The contributions of each spouse to the other’s education or career
• Marital or financial misconduct on the part of either spouse

Marital debts are also taken into consideration, which include credit cards, loans, and mortgages. Given the long-term consequences, it is best to hire Concord divorce & separation lawyers to negotiate a fair outcome so you can rebuild your life.

Who is Eligible to Receive Alimony in a North Carolina Divorce?

Financial stability is a common concern for many individuals going through a divorce, especially if a spouse has been out of the workforce for an extended period. In North Carolina, a”dependent spouse” may be eligible to receive alimony if their income falls short of meeting their needs. In these instances, the other party, if they can pay, would be considered the “supporting spouse.”

A judge will evaluate several factors to determine whether the dependent spouse should receive alimony, including the amount and duration of payments. Some of the factors evaluated by the court include:

• The financial needs and assets of the dependent spouse
• The supporting spouse’s ability to pay
• The physical, mental, and emotional health of each spouse
• Any inappropriate marital conduct, including issues such as adultery, abandonment, or abuse
• The length of the marriage. In many instances, the longer the marriage, the greater the chance of the dependent spouse receiving alimony
• Contribution to the marriage, including supporting the other spouse with their education or career, or non-monetary contributions such as homemaking or child care

Contact Meridian Law Office Today to Schedule a Consultation So We Can Advise You of Your Legal Options

Initiating divorce proceedings is something most people hope to avoid. Even so, when there is no other choice, it is best to obtain professional advice from skilled Concord divorce & separation lawyers. Meridian Law Office has extensive experience handling North Carolina family law matters and helping clients rebuild their lives.

Our Concord law office recognizes that you need a neutral third party who can offer you unbiased advice at a time when you need it most. Our lawyers and legal staff are fully committed to providing skilled legal representation during negotiations and mediation, and, if necessary, taking your case to court.

During your initial consultation, our family law attorneys will clarify your rights and obligations for your unique family situation.  Let us professionally evaluate your case and determine which options best suit your needs. 

Contact our law firm today at (980) 409-2003 to schedule a consultation.