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MY SPOUSE WANTS A DIVORCEThe most common question asked of the family lawyer is what are my rights when my spouse wants to get a divorce. The answer to this question is complex but ABSOLUTE DIVORCE BASED UPON ONE YEARS SEPARATION In North Carolina an absolute divorce can be obtained when the parties have remained separate and apart for one year. This is more commonly referred to as the “absolute divorce”. The reader must be aware an absolute divorce has nothing to do with dividing the marital property, custody, child support or alimony. UNCONTESTED DIVORCE Most people want to avoid litigation expenses and try to take the cheapest way out. There is nothing wrong with being frugal, however, the individual must take caution when telling the family lawyer he or she desires an uncontested divorce. Uncontested divorce is appropriate only where there is no property, child support, custody or alimony issues apply. If the individual is sure all matters are resolved or do not exist an uncontested divorce may be appropriate. CONTRACTS OF SEPARATION AND PROPERTY AGREEMENTS Often times the parties are not eligible for an absolute divorce but desire to separate and resolve all issues despite not being eligible for an absolute divorce. This is common and many parties do resolve their differences and divide their marital assets and merely desire to consummate the terms of their separation. Family lawyers provide professional assistance in alerting and guiding the individual in all pertinent issues and properly drafting agreements to protect their rights. WE CANNOT AGREE! Don’t be surprised if you discover your spouse is unwilling to cooperate even if he or she is the individual initiating the divorce. Proper advice is essential in directing you through the litigation process and protecting your rights. Most cases, even when litigated in court, resolve themselves without lengthy litigation. Remember, the key is to secure counsel and understand the law. |
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