When it comes to getting divorced, there are several issues to consider. There’s the emotional toll, the looming ambiguity, the timing, the effect on children, how property will be divided, and the costs of divorce. If you’re considering divorce and want to understand more about how it works, there are a few benefits to filing for divorce in North Carolina.
North Carolina Allows Absolute Divorce:
Divorces in North Carolina are handled in a no-fault manner. This means that the court cannot consider the grounds for a marriage’s dissolution while issuing a dissolution order. Several jurisdictions still enable courts to evaluate the settings why a couple is seeking a divorce. This invites emotional and explosive testimony, eliciting negative emotions, rehashing sad memories, and prolonging judicial processes. Obtaining an absolute divorce, on the other hand, is a pretty straightforward process once a year has elapsed.
Couples are also encouraged to sign into separation agreements due to the predictability of absolute divorce and the year-long wait to be divorced. These legally enforceable agreements cover property partition, spousal support, child custody, and child support. When marriages legally terminate, these agreements give stability and typically lead to durable settlements and less conflict.
Community Property Vs. Equitable Distribution:
The principle of communal property is used in certain governments to divide the property. All property acquired between the date of a couple’s marriage and the date of their separation is considered community property in these states and must be shared equally between the spouses. North Carolina, on the other hand, has an equitable distribution strategy for property split.
Courts might consider various criteria related to fairness, including each spouse’s relative income and financial situation, the length of the marriage, and the many contributions each spouse made to the wedding.
In the interest of justice, if the court judges that an equal split is not suitable, it will make an uneven division of marital property. Flexibility and justice are advantages of the equitable distribution technique, lacking in community property states when dividing property. As separation cases are confusing, you should always consult with a professional such as Marshall & Taylor PLLC for any queries.