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Lawyer explaining the difference between Filing for Divorce vs. Claims for Divorce-Related Issues
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Understanding the Difference: Filing for Divorce vs. Claims for Divorce-Related Issues

Understanding the Difference: Filing for Divorce vs. Claims for Divorce-Related Issues

Lawyer explaining the difference between Filing for Divorce vs. Claims for Divorce-Related Issues

When a marriage comes to an end, the legal process that unfolds is often more intricate than it appears. In the world of family law, it’s essential to understand the two separate yet interconnected phases: Filing for Divorce vs. Claims for Divorce-Related Issues. Each represents a different stage in the legal journey of divorce, and our family law firm is committed to offering clarity and support through both.

Filing for Divorce

Filing for divorce marks the formal beginning of the legal journey to end a marriage. It commences with one spouse (the plaintiff) submitting a divorce complaint to the court. This document officially expresses the intent to dissolve the marriage and may include initial terms desired by the filing spouse.

The act of filing for divorce is significant for several reasons:

  • It officially states the intention to end the marriage legally.
  • It activates the court’s involvement—necessary for terminating the marital bond.
  • It ultimately leads to the court issuing a final divorce decree.

This phase is primarily procedural, laying the groundwork for subsequent developments. It’s a pivotal moment that establishes the legal basis for the divorce, conforming to the laws specific to the jurisdiction where the divorce is filed.

Meeting North Carolina’s Divorce Requirements

To initiate a divorce in North Carolina, certain conditions must be met. You or your spouse must have been a resident of the state for at least six months before filing. Additionally, there’s an essential requirement of living separately for a continuous year leading up to the divorce. Any reconciliation during this period will reset the clock.

The legal process of filing for a simple or absolute divorce in North Carolina incurs a fee of $225. This fee excludes the additional costs, such as serving divorce papers to the other party, which is priced at $30 if service is done by the sheriff in NC (other states will have their own fee system). Furthermore, for those opting to revert to their maiden name post-divorce, there’s an extra charge of $10.

Grounds for Divorce: The No-Fault Principle in North Carolina

North Carolina simplifies the grounds for divorce by adhering to a no-fault principle. The mandatory separation of one year effectively serves as the sole ground for divorce, negating the need to state additional reasons for the dissolution of marriage.

However, fault can play a role in specific situations, particularly in what’s known as a “divorce from bed and board,” which is a form of legal separation (and not absolute divorce) recognized in the state. This may lead to the at-fault spouse losing certain rights, including those related to estate matters. Grounds for a divorce from bed and board encompass:

Claims for Divorce-Related Issues: Detailing Your Divorce Agreement

The divorce-related claims can be filed anytime after the parties have separated until a divorce decree is entered. Some people file these claims immediately after separating to start dealing with these issues or because they need support. In this case, the court case containing these claims would be different from the one filed after one year for the actual divorce.

If the claims have not been filed before the end of the one-year separation, then most people will file them with the complaint for divorce or as a counterclaim if the defendant wishes to raise them.

Contrary to the notion that divorce issues are often resolved concurrently with the divorce petition, they are actually addressed in distinct, separate phases. For instance, when someone files a complaint for divorce and equitable distribution, these matters are handled in their own unique hearings. In the divorce hearing, the court primarily focuses on whether the parties have been separated for a year before entering a judgment. Meanwhile, the equitable distribution aspect follows its own course, involving scheduling conferences and potentially a trial to divide property. Notably, even if filed simultaneously, the divorce claim could be resolved within approximately 90 days, whereas the equitable distribution claim may extend for months or even years.

Claims for divorce-related issues, include:

  • Child Custody and Visitation: Arrangements for how the children will be raised and the time they will spend with each parent.
  • Child Support: Financial support for the care and upbringing of the children.
  • Spousal Support (Alimony): Ongoing financial support from one spouse to the other.
  • Division of Property and Debts: Who gets what, from the family home to retirement accounts, and who is responsible for debts incurred during the marriage.
  • Attorney’s Fees and Costs: The financial aspect of legal representation and court costs.

These claims are where the bulk of negotiation and legal work will occur. They require careful consideration and often involve negotiation, mediation, or court intervention to resolve.

Filing for Divorce vs. Claims for Divorce-Related Issues

It’s important not to conflate filing for divorce with the claims for divorce-related issues. The former is the gateway to the divorce process, the latter the substance of the divorce itself. Filing for divorce is the act of asking the court to end your marriage; addressing the related claims is about sculpting what your future and your family’s future will look like post-divorce.

Our firm understands that while filing a divorce complaint may be a singular event, the claims can be a series of discussions, agreements, and if needed, court decisions. Together, they weave the legal tapestry of your divorce.

If you’re contemplating or starting the divorce process, it’s crucial to have a guide who can navigate the complexities of both filing for divorce and handling the claims for divorce-related issues. With our knowledgeable attorneys, you can trust that your path through both phases will be handled with know-how and sensitivity to your personal needs.

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Krista Stallard

Krista Stallard is an experienced family law attorney specializing in divorce and custody cases, passionate about alternative dispute resolution, and committed to providing excellent legal representation to her clients.

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