Dating while separated in north carolina
If you still cannot agree, you will need to seek relief through the court system.In order to get relief through the court, you would need to file a lawsuit in the District Court of the county where you or your spouse resides.
Some counties in North Carolina have self-help centers or pro se divorce kits available for a nominal fee.
The only other ground for divorce in North Carolina is a spouse’s incurable insanity with a separation of three years. It is always wise to consult an attorney about a divorce, even though the divorce may appear to be simple and uncontested.
Divorce cuts off the rights to alimony and equitable distribution.
The court must consider the following factors when dividing property: • Income, liabilities, and property of each party; • Support obligations from a former marriage; • Length of marriage, age, and health of both parties; • Custodial parent’s need to keep the marital home; • Expectation of pension, retirement or other deferred compensation; • Contribution toward marital property by the party not having title; • Contribution made by one spouse towards the education or career potential of the other spouse; • Contribution to an increase in value of separate property; • Liquid or non-liquid character of assets; • Difficulty of evaluating the value of a particular asset and the desirability of retaining such asset intact and free from any claim by the other spouse; • Tax consequences; • Acts of either spouse to maintain, preserve, develop or expand; or to waste, neglect, devalue or convert property during the period after separation and before distribution; and • Any other factor the court finds to be relevant.
Is there any way to avoid a court-ordered division of property? If the husband and wife can agree, they can divide the property as they see fit.
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Does the court consider adultery when it makes a decision regarding alimony? At a hearing regarding alimony, the court shall consider marital misconduct by the parties in deciding whether to award support.