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October 2014 Archives

How is property divided in a divorce?

When a couple divorces in North Carolina, the court will make a ruling about how marital property should be divided between the two spouses. In following equitable distribution principles, the court will divide the property equally unless dividing the property equally is not determined to be fair. Some factors that may be considered by the court include the income and liabilities of each spouse and the needs of a parent with children to occupy the marital residence.

When courts will refuse to enforce prenuptial agreements

Many North Carolina couples try to protect their assets in the event of a divorce by entering into prenuptial agreements before marrying. Although courts normally give these agreements weight and usually follow them, there are some circumstances in which a court will refuse to enforce a prenuptial agreement.

Moving forward with a custody action in North Carolina

North Carolina parents going through a divorce who do not agree about who should have custody of their children may petition the court to make this decision on behalf of them. The process begins with one of the parents or guardians of the children filing a complaint in family court.

Timing and jurisdiction issues in a North Carolina divorce

There are numerous reasons that an individual might use in seeking to divorce a spouse, but it is important to understand and comply with state requirements related to the proceeding. In order for a court to consider a divorce action, either the plaintiff or the defendant must have been a resident of the state for at least six months prior to the filing. If both spouses are residents of the state, the action may be brought in a court with jurisdiction over either of the locations involved.

Some facts about separations and divorces

Estranged couples in North Carolina often have questions about the transition from separation to divorce and its effects on alimony, child support and other matters. Typically, most couples can file for divorce after they have been separated for a period of one year, but there are exceptions to this rule depending on the facts of the case. In the meantime, parents need not wait for divorce to establish child support payments. If they can come to an agreement regarding payment and custody terms, that agreement can direct their actions until a subsequent divorce.

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Hendrix Building
Greenville, NC 27858

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