Alimony and Post Separation Support

An absolute divorce in North Carolina is also known as a “no-fault” divorce. The bonds of matrimony can be dissolved upon the application of either party after Husband and Wife have been legally separated for a period of one (1) year.

Neither spouse is required to prove marital misconduct to obtain a divorce.  North Carolina also requires a minimum sixth month residency period and a showing that, at the time of separation, at least one of the spouses intended the separation to be permanent.

While there are many personal reasons for divorce, the state requires a legally recognized cause to terminate the marriage. In North Carolina the legal dissolution of a marriage is called an “absolute divorce.” In the past, North Carolina only granted divorces upon a showing of sufficient fault. Today, North Carolina is a no fault divorce state.

Once a decision has been made to separate and divorce, several considerations should be addressed. While North Carolina will grant a divorce without regard to outstanding issues such as custody, spousal and child support, or distribution of property, it is important to take appropriate action regarding these matters to protect your rights.

Prior to filing a divorce complaint, it is important to ensure that you have taken relevant actions to protect your interests.

• Consider all issues related to child custody, child support, alimony and property distribution before you set the divorce process in motion.
• Think about your current and future needs and have a clear understanding of your legal rights and obligations.
• You must assert an alimony claim before the divorce judgment so that the claim is pending when the divorce is granted. If not, you will lose your right to do so.
• With few exceptions, a claim of equitable distribution (fair share of marital property) must also be asserted prior to the divorce judgment.

North Carolina allows divorcing husbands and wives to keep support, custody and property issues from going to court through “Separation Agreement and Property Settlement” contracts. In fact, most married couples resolve their differences without court intervention. However, approaching the divorce process constructively while in the emotional throes of the break-up in a marriage can sometimes be impossible.