Getting a divorce in North Carolina is a bit different than other states of America. Upon first glance, divorce in the state of North Carolina does seem rather complicated, so it is necessary to understand what you are getting into before you decide in pushing through with the divorce. Each different country has different divorce and that same is very true in North Carolina. You must have continued to live in the state for not less than six months in order to obtain an NC divorce and you are also required to live separately from your husband or wife for one full year before you can finalize the divorce. For this very reason, it is crucial to make sure that divorce is something that you would really want to pursue.
To make things a little less perplexing than it is, it is also recommended that you hire a lawyer within North Carolina to guide you with your legal battle, for instance hiring a Charlotte divorce attorney would be your best option. They would be able to make things a lot easier for you as you go through an emotional turmoil. They are also knowledgeable with all the laws of the state which would ensure that your divorce case would be at good hands.
But before pursuing a divorce there are some things that you must consider and do first before pushing through with it. Listed below are certain steps which are specific to the North Carolina’s divorce laws, however, it is still applicable to most states. It is really vital to be sure that you have done the things you must do to ensure that you are making the right decision in pursuing a divorce. That being said, before you and your spouse split up, here are some things you should consider doing first:
- 1 1. Try out marriage counseling
- 2 2. Ask legal advice to your lawyer before you make a move
- 3 3. Talk to your lawyer first before moving out of the marital home
- 4 4. Talk to your lawyer if you are engaged in any extramarital affairs before telling anyone else
- 5 5. Safeguard your assets before the divorce
1. Try out marriage counseling
Although you may think that your marriage has no more hope, you might want to find out what went horribly wrong with your marriage, how to deal with it, find solutions for the betterment of your relationship, or simply pick up the pieces and move on – divorce counseling is one of the best ways to help you with these. You have to make the first step and you do not have to wait for your spouse to get involved or be the first one to initiate it. And if your concern is how and where to find a reliable and experienced marriage counselor, you can try and check out the directory of professionals at online websites where there is a great source of marriage counselors located in North Carolina and other neighboring states. Your employer, social or religious connections can also be a great way of providing leads on how and where to find the best marriage counselors.
2. Ask legal advice to your lawyer before you make a move
Seeking legal advice from seasoned lawyers would always be the smartest choice. But if it would be hard for you to find and hire a lawyer to handle your separation or divorce, another option for you is to gather as much information as you can from people who has the experience and knowledge about the certain situation or even search through the internet before you even talk to your spouse regarding separation or divorce. In North Carolina, there are a lot of things that you can find about divorce. The rules of law are very complicated – even if the situation seems to be very simple, the distressed families undergoing divorce may find the situation as quite perplexing. The things that you will do now may have a great impact on your divorce proceeding in the long run so it is necessary for you to make your own choices ahead of time. It might be already too late for you to change the result. It is best to find legal professionals who are entirely familiar with the complexities of the divorce laws in the state of North Carolina. For example, you can always look up for a Charlotte divorce attorney or it could also be an attorney from the city of Raleigh.
3. Talk to your lawyer first before moving out of the marital home
If you leave the house for no good reason at all, it might cause you to pay alimony or might also cause you to be unable to receive alimony once the divorce becomes final. There is also a huge possibility that you will be unable to come back to the marital home if you will leave it – unless the court will divide the property. It would be the best choice for you to stay at home until you talk to your lawyer – that is if your spouse is not physically aggressive or violent.
4. Talk to your lawyer if you are engaged in any extramarital affairs before telling anyone else
Honesty is not the best option in this situation. In relation to the fact that adultery is illegal and morally wrong in the state of North Carolina, confessing an affair may have other serious consequences for you in the end. If your spouse is an alimony candidate, any unlawful sexual behavior that you will do could end up costing you thousands of extra support payments. However, the claimant of alimony does not have to do anything just to prove it in order to be entitled to post-separation support or subsistence.
5. Safeguard your assets before the divorce
The first step would be to take possession during the separation of certain assets. You can also file in any county where you have your own real estate, known as LisPendens, in the Deeds Office before pursuing a North Carolina divorce. Securing an order to restrain your spouse from transferring or disposing of any property is another step to protect your assets before getting a divorce. The equitable distribution of the state of North Carolina is also providing a means to acquire provisional distribution of marital property until the issue is resolved.