Separation & Divorce

You and your spouse have decided to part ways. Although the situation is sad, the two of you fortunately agree on a lot when it comes to who should get what. North Carolina does not require a separation agreement prior…

In North Carolina, couples must live apart for at least one year prior to receiving a divorce judgement.  There is not a formal legal process for separation. At least one party must move out of the marital residence. At least…

Contrary to the name, divorce from bed and board is not actually a divorce, rather, it is North Carolina’s form of legal separation. Divorce from bed and board typically occurs when the married parties are living together and neither party…

North Carolina is one of the few states that still recognizes the claims of alienation of affection and criminal conversation. Alienation of affection and criminal conversation are claims against someone who engages in a relationship with a married person that…

In North Carolina, a party is legally separated when one married person moves into a separate residence with the intent to never resume the marital relationship. Residing in separate bedrooms under the same roof is not a legal separation. Once…

Collaborative law is a method of dispute resolution that removes the disputed matter from the threat of litigation. Collaborative law, also known as Collaborative Practice, is a refreshing approach to resolving legal issues without having to go through the traditional…

If you have found yourself in a difficult situation with a significant other, and there is violence involved, you need to know your rights and the steps to take to protect yourself.  One of the hardest things that a person…

A retirement account may be one of the most valuable assets to be divided in a divorce case. The amount of your spouse’s retirement account you’ll receive will depend on the characterization of the property as marital or separate property,…

You may feel ready to begin your separation period, but there are many legal and financial issues to consider first. Before you officially become separated, there are a few things you should do to prepare for a divorce. Contact a…

You can resume your marriage at any time during the one-year separation period required by North Carolina law. As long as your divorce hasn’t been finalized, you are still legally married and can resume your marriage. However, you should understand…

Indefinite alimony still exists but is less common than it used to be. Many alimony awards are now given for a specific period of time. Regardless of whether the alimony is indefinite or for a fixed term, the obligation or…

In Bodie v. Bodie, 727 S.E.2d 11 (N.C. App., 2012), the Equitable Distribution case for loans is discussed in detail. While most Equitable Distribution affidavits simply subtract the loan from the cars value, this case explains a more clearly defined…

Prenuptial agreements may be nullified or declared void in some situations. Specific clauses could also be voided if they are unconscionable or forbidden by law. For example, a prenup can’t decide on issues of child support or child custody. No…

There is a common misconception among separated individuals when it comes to marital infidelity.  Many people believe that if they can prove the other spouse had an affair, they can take all the property, get custody of the children, get…

Separation is truly one of the most difficult times for anyone to go through. It impacts so many aspects of a person’s life. Separation does not always mean courts and judges—in fact North Carolina makes it very easy to make…