Divorce, Separation and Property Distribution

Divorce

In North Carolina the term "divorce" has a technical and narrow legal meaning. In other states, the word "divorce" has a much broader scope and includes support, property and custody issues as part of one civil action begun at the time of separation or when separation is contemplated. In North Carolina divorce follows a separation. An absolute divorce with the right to remarry is not granted in North Carolina unless there has first been a period of physical separation in which the husband and wife have lived separate and apart for at least one year.

Ordinarily, during that year of separation the parties (that is, the husband and wife) and during or following the divorce, either through agreement and settlement or by proceedings in court, resolve any issues between them concerning their children (if they have any); alimony or support for the financially dependent spouse and distribution of property. Except for divorce, any of these matters can be resolved at any time without actually going to court and without having to appear before a judge at the time of or immediately following a separation or they can be litigated in court at the same time or, as is ordinarily the case, separately.

Separation

North Carolina law provides that a husband and wife who have been separated and lived apart for at least one year may file a civil suit for divorce. While no special legal documents are essential for a "legal separation" many husbands and wives enter into an agreement called a separation and property settlement agreement, while many others actually go to court to obtain a restraining order or other orders from the court to effect their separation. While none of those procedures are absolutely required, any of them may be necessary or appropriate. The advice of attorneys such as the attorneys of Mitchell, Brewer, Richardson is essential for husbands or wives considering separation or divorce.

As to other matters concerning divorce and separation, just click on the appropriate link below.

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