How much debt is owed, how is it structured and when is it due? If so, for how long do those obligations last? Length of marriage and age and health of each party; Needs of custodial spouse to own or to possess the marital home place and household effects Is it best, or possible, for the custodial parent to remain in the marital home while the children are young or in school? Are assets — bank accounts, CDs, bonds, etc.
Marital misconduct such as adultery is not considered in the settlement of property rights, nor is fault — unless there has been misconduct which economically impacted the marital estate. Tax Consequences. A division of marital and divisible property transferred between spouses is generally not a taxable event. However, funds transferred from retirement plans and Individual Retirement Accounts IRAs and selling marital assets to third parties such as a home which has increased in value can have significant tax consequences. Make sure to inform your lawyer about any assets which may fall into this category.
Get Help Now. See More Testimonials. North Carolina family law recognizes legal separation provided that the separation agreement is in writing and acknowledged by both parties before a certifying officer. Start Your Divorce Today Explore your options. The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters.
Divorce Source, Inc. A typical separation agreement includes the details of separation, property division, spousal support, and if there are children, child custody and support.
A separation agreement is not required to be legally separated from your spouse. However, a separation agreement can resolve many of the legal issues involved in the end of a marriage.
For example, you can decide how to divide your property and whether one of you will pay alimony to the other. In some situations, spouses may request that the separation agreement become part of their final divorce order. Spouses who are able to resolve the issues related to their separation through a separation agreement can make those decisions themselves and avoid the need to go to court.
However, a separation agreement can resolve many of the legal issues involved in the To file for a divorce in North Carolina, either you or your spouse must. No one thinks that their marriage is going to end in divorce, but unfortunately it does happen. This is obviously difficult on a personal level, but it.
Separation agreements are generally prepared and negotiated by attorneys, who can tailor the agreement to the needs of your family. See the Finding an Attorney Help Topic for more information about finding an attorney to assist you. What are the requirements for a separation agreement to be valid? Separation agreements must be in writing not verbal , must be signed by both parties, and both signatures must be notarized.
Can a separation agreement include decisions about child custody and child support?
Yes, you can include provisions about child custody and child support in a separation agreement. A DBB is a court-ordered separation. DBB orders are available only under limited circumstances where the spouse requesting the order can prove serious fault, such as adultery or drug abuse. Once you have separated due to a DBB order, you can still resolve issues related to the separation with a separation agreement, as if the separation had been voluntary.
You can also file to ask the court to resolve issues such as property division and post-separation support through the DBB case. Once you are separated due to a DBB order, you will still need to wait one year and file for an absolute divorce to legally end the marriage.
What are the requirements for a divorce in North Carolina? This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time. To file for a divorce in North Carolina, either you or your spouse must currently live in North Carolina and must have lived in the state for at least six months before the divorce case is filed. As long as you are eligible for a divorce, your spouse does not have to agree to the divorce. If you file for divorce, your spouse does not have to complete or sign any paperwork, file anything with the court, or go to court for the divorce hearing.
However, your spouse must receive proper legal notice of the divorce case that you file. Can I get divorced after less than a year if I prove fault?
Unlike some other states, North Carolina only allows for no-fault divorce, which requires at least one year of separation. What is required for a divorce based on incurable insanity? To file for divorce, you must file the following documents with the clerk of court in the county where either you or your spouse lives:. In general, this means that you must either pay a fee to have the sheriff personally serve your spouse with the documents, or send the documents to your spouse via certified mail, FedEx or UPS.
If you mail the documents, you must file proof that your spouse received them with the court. In some circumstances where you are unable to locate the other person, you may be able to serve him or her by newspaper publication, but specific requirements apply. Delivering the documents to your spouse yourself is not legal service. If this happens, you keep only the assets that are either titled in your name or in your possession.
If you own any property in both names, this property will stay in both names even though you have divorced. The same rule applies to debts. If no one files for spousal support before the absolute divorce is final, both parties forever lose the right to ask a court for alimony.
Because a divorce permanently cuts off the right to equitable distribution and alimony, it is important to contact an attorney to assist you in preserving your rights. Child custody and child support claims are not affected by divorce. Parents, regardless of marital status, can file at any time for custody of children under the age of See the Child Custody Help Topic for more information.
Similarly, parents can file at any time for child support for children under 18 or still in high school and under age 20 , regardless of marital status.