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While there are many personal reasons for divorce, the state requires a legally recognized cause to terminate the marriage. In North Carolina the legal dissolution of a marriage is called an “absolute divorce.” In the past, North Carolina only granted divorces upon a showing of sufficient fault. Today, North Carolina is a no fault divorce state.
The state provides only two grounds for an absolute divorce:
The state also has a legal separation in the form of a Judgment of Divorce from Bed and Board. This is a fault-based claim filed on a number of grounds including; abandonment, adultery, excessive alcohol or drug abuse, cruelty, personal indignities that make life burdensome or intolerable, and malicious turning of the other spouse outdoors.
Once a decision has been made to separate and divorce, several considerations should be addressed. While North Carolina will grant a divorce without regard to outstanding issues such as custody, spousal and child support, or distribution of property, it is important to take appropriate action regarding these matters to protect your rights.
Prior to filing a divorce complaint, it is important to ensure that you have taken relevant actions to protect your interests.
North Carolina allows divorcing husbands and wives to keep support, custody and property issues from going to court through “Separation Agreement and Property Settlement” contracts. In fact, most married couples resolve their differences without court intervention. However, approaching the divorce process constructively while in the emotional throes of the break-up in a marriage can sometimes be impossible.
Divorce is not an easy process from any perspective. However, it is important to look beyond the near-term emotions and concentrate on protecting your rights. The help of an experienced legal counselor can help ensure that your interests are protected and that you do not agree to provisions that you will regret sometime in the future. Please contact us today to discuss your case.
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