Divorce Guide

Divorce Guide

North Carolina Divorce Rights

North Carolina divorce rights make it obligatory for either of the spouses to be a resident of the state for a minimum period of 6 months preceding the filing of the case. According to North Carolina general statutes, a spouse can file the case only in the county where either of the spouses resides.

The grounds which have been enumerated in North Carolina divorce rights, for a spouse to file a case for the dissolution of marriage grant legal sanction to the divorce. These grounds have been divided into Fault and No-Fault categories. When the court finds that spouses have been living separately for a continuous period of one year, it can grant an absolute divorce to the parties. This is considered under the No-Fault category.

Fault grounds on the other hand are found more in numbers in North Carolina divorce rights. When a spouse intentionally separates away from the family, becomes drug addicted, commits adultery or pushes other spouse out of the family, an appropriate situation is considered to have arrived to grant a decree of divorce to the couple. Exercising the suitability of North Carolina divorce rights, a spouse can also request the court to grant a divorce on the submission of a written agreement of separation reached between the two parties.

The counseling and mediation program enshrined in North Carolina divorce rights, gives a spouse the advantage of settling unresolved issues. These unresolved issues could range from unsettled property distribution issues to the child custody. Alimony advice and spousal support find an important place in North Carolina divorce rights. Either of the parties may file a petition for alimony. The amount, payment terms and the duration of alimony is decided by the court at its discretion. Relative earning capacity of spouses, age and health of spouses, duration of marriage, contribution in the acquisition of the property during marriage, educational and vocational skills, relative needs and tax ramifications are some of the factors which may be taken into account by the court while deciding the issue of spousal support.

North Carolina follows the principle of equitable distribution while deciding on the issue of property distribution. According to North Carolina divorce rights, the property acquired during the marriage would be divided in a fair manner between the two parties. This fair distribution however does not mean an equal distribution of the property. A separate property is considered as a property which is acquired by the spouse by gift or by descent. This separate property is not considered a property acquired during the marriage. Hence the court, as per North Carolina divorce rights, does not divide this property between the two parties.

Section 50 of chapter 50 of North Carolina general statutes enumerates various factors which effect the distribution of property between two parties. Duration of marriage, income, custody of the child, mental and physical health of the parties, tax consequences are some of these factors. These factors are also considered important when deciding as to who will have the custody of the child. Child support after divorce is a major issue and court of North Carolina discusses this issue in length.

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