What are the grounds for divorce in North Carolina?
North Carolina recognizes both "no fault" and fault-based divorce. In a no-fault divorce, either party may seek to terminate the marriage after the husband and wife have lived separately for one year, with the intent not to resume the marital relationship, and either party has resided in North Carolina for a period of six months.
In order to obtain a fault-based divorce, the party petitioning to dissolve the marriage must establish one of the recognized "faults" under state law, including: incurable insanity, abandonment, maliciously turning the other spouse "out of doors," excessive use of alcohol or drugs by a spouse, cruel or barbarous treatment that endangers the life of a spouse, causing such indignities that the other spouse's life is intolerable and burdensome, and adultery.
What is alimony?
Alimony is monetary compensation paid by a divorcing spouse to the other, either in a lump-sum payment or in periodic payments, for the recipient spouse's support and maintenance. The amount of alimony to be paid depends on the circumstances of each case; courts follow several statutory factors in making alimony determinations, including but not limited to:
- marital misconduct by either spouse;
- each spouse's relative incomes, earning capacities, and education, including respective assets and liabilities;
- each spouse's age and physical, mental, and emotional condition;
- the duration of the parties' marriage;
- the standard of living established during the marriage;
- a spouse's contribution as a homemaker;
- the spouse's respective needs;
- the tax consequences of awarding alimony; and
- any other factor deemed relevant by the court to determining the issue of alimony.
What is child support?
Child support is monetary compensation paid by one spouse to another for the purpose of supporting the parties' minor children. In North Carolina, each parent has an obligation to support his or her minor children, regardless of whether the parents are married. Child support awards are determined pursuant to statutory guidelines, which take into account the parties' respective adjusted gross incomes.
What is a power of attorney?
A power of attorney is a legal document whereby a person (the "principal") authorizes another (the "agent" or "attorney-in-fact") to act on the principal’s behalf in matters outlined in the document. A power of attorney can be a general power of attorney or a specific power of attorney. The specific power of attorney allows the agent to accomplish a specific defined task in the principal’s absence or incapacity. A general power of attorney gives the agent extremely broad powers to execute transactions for, and make decisions on behalf of, the principal. Generally, the principal can revoke the power of attorney at any time.
What are prenuptial agreements?
A prenuptial agreement is a contract that is entered into by two persons who are planning to marry. Prenuptial agreements, also known as premarital agreements, are enforceable in North Carolina and can cover a variety of issues deemed important to the couple. A properly executed prenuptial agreement is binding on the couple in the event of a divorce.
Are there any defenses to a divorce in North Carolina?
If a divorce is considered as being a divorce "from bed and board," the responding spouse may defend by negating the elements of the fault-based reason offered by the petitioning spouse. Such defenses include collusion, connivance, condonation, and recrimination. Thus, if the spouse seeking the divorce forgave/excused the conduct that gave rise to the divorce petition, contributed in some way to the conduct that gave rise to the divorce petition, or engaged himself or herself in the conduct which was alleged against the defendant, then the defendant may be able to defeat the petition for a divorce from bed and board.
Can child support awards be modified?
Yes. If a party can show that there has been a "change in circumstances" that affects the order awarding support, the court may grant an increase or decrease in child support, depending on the circumstances of the case. Modifications may be possible, for example, if the supporting parent involuntarily loses his or her job, if the supporting parent has an increase in his or her ability to pay, if the needs of the child have increased, or if the recipient spouse has an involuntarily decrease in his or her ability to support the child.
What are "marital property" and "separate property"?
Assets and properties acquired and possessed by the spouses can be classified as "marital property" or "separate property." Marital property encompasses all possessions and debts acquired during marriage. In North Carolina, marital property is subject to equitable distribution during the divorce. Each spouse's separate property is excluded from distribution between the spouses on divorce. Separate property can consist of:
-
property acquired before marriage;
-
property inherited by a spouse during the marriage;
-
property obtained by way of gift; and
-
property that the parties have agreed to exclude from marital property list by way of separate agreement.
How is marital property divided in Georgia?
In North Carolina, marital property is divided pursuant to principles of "equitable distribution." Only the assets and properties acquired by the property during the marriage are subjected to division. Any property acquired by the parties prior to the marriage or which the parties have agreed to exclude from equitable distribution is not divided during divorce settlement. In dividing the parties' marital property, courts consider a variety of factors, including:
- the parties' income, property and debts,
- any support obligations for prior marriage,
- duration of the marriage,
- the parties' ages and health,
- the parties' custody arrangement,
- efforts made by each spouse to acquire the property,
- contributions of one spouse to the education of the other spouse,
- direct contributions to increased value of separate property,
- tax consequences,
- actions taken by either party to preserve or waste marital assets, and
- any other factors deemed relevant by the court.
Is Collaborative Law right for me?
It can be. Collaborative law empowers spouses to dissolve their marriage with dignity and allows parties to protect their children from the strains of litigation, which can impose a personal responsibility in resolving conflict. In family law, the collaborative law process is about cooperation, not confrontation. Parties to divorce, their attorneys, and any other professional involved agree to make a good faith attempt to reach an amicable settlement without going to court; collaborative practice is intended to minimize difference while working toward that resolution. It is a problem-solving method, which encourages mutual respect, provides for open communication, and prepares individuals for new lives.