When couples decide to end their marriage, they may not realize how complicated the divorce process can be. North Carolina is an equitable distribution state, which means that the court does not divide the property equally. The womens guide to divorce should include planning ahead by protecting the marital assets and focusing on custody and support issues.
Grounds for Divorce in North Carolina
Each state has their own grounds for divorce, most often allowing the couple to obtain a no-fault divorce. However, North Carolina is one of a handful of states where the couple must be separated before being granted a no-fault divorce. One of the spouses must be a resident of the state for at least six months before submitting the divorce petition. Grounds for divorce in North Carolina are:
- The couple can be granted a no-fault divorce if they have lived separate for a period of one year.
- Either spouse has abandoned or deserted the other and does not intend to return
- Maliciously throws the other out of the house
- Inflicts cruel treatment endangering the life of the other, such as domestic violence
- Committed indignities resulting in intolerable living conditions
- Abuses alcohol or drugs excessively on a regular basis
- Incurable insanity resulting in the spouses being separated for a period of three years
- Commits adultery by engaging in sexual intercourse with another individual while married
Proving adultery requires that a third-party acknowledge before the court that he or she engaged in a sexual relationship with the spouse.
Important Steps in Planning Your Divorce
Unlike the wedding event, most couples don’t plan their divorce. They are often blindsided by a cheating spouse and may be emotionally distraught. Planning for happy occasions seems to be the norm, but a smart person can plan for unexpected events. Companies have begun selling divorce insurance offering a cash benefit to ease the financial burden of divorce. While this concept may be seen as a bit over the top, you should put a plan together once you’ve made the decision to divorce. Here are some important steps to consider:
- Protect your privacy by setting up a new email address and password (use a password that your husband can’t possibly guess).
- Open a checking account in your name only at a new bank
- Obtain a post office box and use this to receive all future mail
- Get a new cell phone with a new number
- Make copies of important documents, such as bank records, property deeds, and insurance policies
- Create a list of any separate property that you acquired before your marriage
- Find out if you can close any joint accounts, put a limit on them or freeze the assets entirely
- Look for a job if you are not currently employed
If there are children from the marriage, try to work out a parenting plan that is fair to both parties. If you are unable to reach a child custody and visitation agreement with your spouse, the court may order you to undergo mediation with a third party.
When to Hire a Family Law Attorney
The most important ally during a divorce may be your lawyer who is there to protect your interests. North Carolina does not automatically award alimony, but you may request the court grant it. The judge will consider several factors when determining whether to award spousal support. An experienced family law attorney will know how the courts are likely to rule and can advise you on how to proceed with your divorce.
