If the personal connection between you and your spouse has led to a decision to end your marriage, it is important to recognize that you are dissolving a legal relationship as well. As such, you need to follow the process and meet the requirements as defined by North Carolina’s statute on divorce. Failure to comply with the relevant laws and procedural rules could lead to delays and errors in divorce proceedings, and could also harm your interests through unfortunate mistakes.
Instead of putting your rights at risk, your first priority should be retaining a Monroe, NC divorce attorney who will tackle the legal challenges involved with how to file for divorce in North Carolina. Your lawyer can guide you through the process and handle essential tasks, including:
- Physical Separation: Even before filing your documents to initiate the divorce process, you and your spouse need to physically separate for at least one year. Specifically, this means you must live in separate residences; if you do cohabitate, you may not meet this prerequisite, so you could delay divorce proceedings. On a related matter, you should note that one spouse must also have resided in North Carolina for at least six months.
- Negotiations and Mediation Options: Many parties are able to resolve divorce issues through settlement, including:
- Asset division.
- Child custody, visitation, and support.
If you and your spouse can reach a compromise on any or all of these issues, it may be possible to enter a separation agreement or consent order in court – thereby avoiding a trial. Mediation is also an option for resolving disputes. During this proceeding, a trained mediator will guide the parties in productive conversations with a goal to facilitate agreement.
Consult With a North Carolina Divorce Lawyer About Your Options
While this overview may help you understand the basics regarding how to file for divorce in North Carolina, it is important to work with experienced legal counsel who will help with the details. To learn how our team can assist with your divorce, please contact Perry, Bundy, Plyler & Long, LLP to set up a consultation at our offices in Monroe, NC.
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