For most people, the idea of uncontested divorce means that they can obtain a divorce without a legal battle: the divorce action will be filed, entered by a judge, and everyone moves on. Whether or not this is a possible path will depend primarily on two things… First, do you meet the statutory requirements for …
Uncontested divorce – Is it a possibility for me? Read More »
You may have heard the phrase “divisible divorce,” but what does it mean? Divisible divorce, also called “bifurcated divorce,” is the concept that the marriage itself can be dissolved while the issues incident to the divorce, such as alimony and equitable distribution, can be reserved for separate proceedings. Each issue – divorce, alimony, equitable distribution, …
To be legally separated in North Carolina, a couple must be living separate and apart and at least one of the parties must intend for that the separation be permanent. A married couple cannot live in the same residence and be separated even if the parties are not sharing a bedroom. At least one spouse …
Once you have finally made your mind up to move forward with divorcing your spouse, the next logical step you may be considering is moving out of the marital home. In order to divorce in North Carolina, the parties must be physically separated, living separate and apart, for one year — someone has to leave in order to …
Ready to Divorce? 6 Reasons You Shouldn’t Pack Your Bags and Leave Right Away… Read More »
After months of struggling in your marriage or after finding out that your spouse has filed for divorce you make the call to set up an appointment with a divorce attorney. You are upset and emotional and rightfully so. You never thought your marriage would come to this. You …
How to Prepare for Your First Meeting with a Divorce Attorney Read More »
In order to file a lawsuit against a person or entity, you must serve them with process. “Process” is a legal word that means the plaintiff must put the defendant on notice that he/she is being sued. Usually this is accomplished by having a sheriff or other “process server” deliver a copy of the complaint …
How Do I File For Divorce if I Don’t Know Where My Spouse is Located? Read More »
You have decided that you want a divorce from your spouse. Your mind is made up. Perhaps you have been arguing for years and you have finally decided the marriage cannot be saved and you want to move forward. What is the next step? In North Carolina, a married couple must be separated for at …
Yes. The State Legislature adopted Article 4, Collaborative Law Proceedings (§ 50-70 to § 50-89), in 2003 establishing collaborative law procedures in North Carolina. As defined in NCGS § 50-71: Collaborative law is a procedure in which a husband and wife who are separated and are seeking a divorce, or are contemplating separation and divorce, and their attorneys …
Does North Carolina recognize and authorize Collaborative Law? Read More »
Going through a divorce can be one of the most devastating time periods in a person’s life. Children of parents going through a divorce sometimes suffer excessively if one or both of their parents cannot separate their emotions regarding the divorce from the business of raising children. In the worst case scenario, children can suffer …
About a week ago, the Wall Street Journal posted an article by Veronica Dagher entitled, “How to Plan for a Divorce.” In it, she suggests a few financial steps that one should consider when pondering separation, including gathering certain financial information and documents, creating or reviewing a budget, and assessing or establishing credit accounts. Read …
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