Our Charlotte, NC divorce lawyers have compiled a list of answers to frequently asked questions about divorce in NC, including: Am I required to have a separation agreement? Is it abandonment to leave the marital home? What happens when both spouses want to stay in the marital home? Can I speed up the 1 year wait period for absolute divorce? Who gets the kids? How is property divided? How does marital misconduct affect my divorce? Do I need to hire an attorney for simple divorce?
In short: you are NOT required to have a separation agreement in NC; whether or not abandonment is an issue will depend on the specific facts of your situation; there are a number of potential options when both spouses want to remain in the marital residence, including divorce from bed and board, protective orders, and negotiations; you can NOT speed up the 1 year wait period for absolute divorce; child custody is based on a number of factors, including the status quo of the parties; property is divided through the process of equitable distribution, which starts with a presumption that a 50/50 split is fair; marital misconduct will not affect the actual divorce but may impact several divorce related claims including alimony; you do not have to hire an attorney to represent your interests in any divorce, whether simple or not, but the process can be overwhelming for those who have never gone through it before.
Want more? View our full blog with more in-depth answers to these common divorce questions.
Written by Bill Hunter
Co-Founder and Practicing Attorney
Hunter & Hein, Attorneys at Law, PLLC