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Absolute Divorce

The decision to divorce is never an easy one. If you have decided to end your marriage, you most likely want an absolute divorce. An absolute divorce is the process by which you end a marriage in North Carolina. North Carolina, like many states, has the option for a no-fault divorce. This means that neither party is to blame for the failed marriage. A no-fault divorce is the easiest option for absolute divorce in Mooresville.

One or the other spouse must file a petition for divorce. Spouses must have been separated for a period of one year prior to petitioning for a no-fault divorce. The separation period ensures that couples have waited an appropriate length of time and are certain about their decision.

What are the Requirements for Absolute Divorce?

In order to file for an absolute divorce in Mooresville, you must meet the requirements. At least one spouse must have lived in North Carolina for the previous six months prior to filing. To prove that you lived in the state, you must be able to show that you physically resided in the state and that your intent is to make North Carolina your permanent residence.

The spouses must have been separated for a period of one year before they can file for divorce. Separation means that they have lived apart in different residences. It is important to note that generally, sleeping in different bedrooms of the same home does not satisfy the requirement for separation.

If the couple resumes their marriage during the separation period, the clock will start over. In other words, if you continue to have sexual relations, the court could determine that you were not separated and therefore did not fulfill the one-year requirement. This can be a slightly complicated issue, so it may be best to have your attorney help sort out the details before you decide to file for divorce.

What Happens in an Absolute Divorce?

An absolute divorce requires both parties to come to an agreement regarding their divorce settlement terms. The settlement terms include many issues including financial responsibilities and issues regarding child custody and support. An experienced divorce attorney will assist you throughout the process and guide you to a suitable resolution.

The most common issues of disagreement between spouses are those involving finances and children. In North Carolina, property that you obtained during your marriage is considered marital property and is to be divided equally in a divorce. As long as there is no prenuptial agreement in place that states otherwise, couples are to divide their assets and property in an equitable manner.

Disputes can and often do occur, even between couples who up until now were agreeable to the divorce. Couples need to review their assets and debts. When a dispute arises, it is best to try to work out a resolution. Your attorney can be of great help in resolving these types of disagreements. If one or the other spouse digs in and will not agree, the divorce could be held up and will take longer and cost more money.

Deciding Child Custody and Support

Both parents are generally allowed to have equal access to their children after a divorce. This arrangement is commonly called shared custody. However, even when both parents share custody, typically the children reside primarily with one parent. The other parent has visitation rights and must usually pay child support.

Keep in mind that all decisions that you make regarding your children must be done with their best interests in mind. The court will always make sure that the children are protected and that their best interests are considered first and foremost. Many times, one parent will remain in the marital home with the children while they are still under the age of 18.

Resolving Disputes

Once a divorce order is finalized, it is unlikely that either spouse will be able to make any further changes. Therefore, it is best to make sure that all of the issues are resolved before you finalize the absolute divorce. In some cases, mediation is required in order to resolve difficult issues. A mediator is a professional who specializes in helping couples resolve divorce settlement disputes.

A mediator may be necessary when the divorce is at a standstill because parties cannot agree to the major terms of the divorce. Once the main settlement terms are resolved, the judge will review the documents and issue a divorce.

It is helpful to seek guidance in the divorce process from an experienced local Mooresville divorce attorney. At Arnold & Smith, PLLC our attorneys have the right personality and experience to assist you with divorce needs. Contact us today to schedule a consultation.