Spouse Won’t Give Divorce
We frequently overhear people discussing friends or acquaintances who are trapped in an unsatisfactory marriage and are powerless to change it since the other person’s spouse refuses to grant a divorce. That’s not how things operate in North Carolina.
Separation and Divorce
In our state, the legal need for a divorce is a minimum of 12 months of separation. The law just needs that a husband and wife live apart from one another and that at least one of them intends for the separation to be permanent in order for it to apply. This is frequently referred to by the law as a permanent separation. Otherwise, happily married people who just live away for extended periods of time, like military spouses, would be considered to be simply living apart without at least one spouse desiring to separate permanently.
There is no need for a separation agreement. In North Carolina, a person can get a divorce without having to file documents or give permission. A partner may simply leave the marriage at any time if they are dissatisfied, but doing so without first seeking legal counsel might be problematic for a variety of reasons. A spouse who moves out, for instance, runs the risk of abandoning their home, which is considered marital fault for the purposes of alimony claims. If there isn’t a prior agreement before the separation, it can also lead to a messy conflict about how frequently each parent sees the kids. In theory, though, nobody is forbidden from leaving the house.
People also think that their partner won’t let them get a divorce because they need the other person to sign something. In North Carolina, it’s also not true.
A common piece of paper that people sign is more for ease than because they agree to it. The other person must be “served” with a copy of the divorce lawsuit and a summons when one is filed. What is a divorce lawsuit? Someone can choose to sign a “acceptance of service” instead of having the papers handed to them by the sheriff. Even if the partner doesn’t sign the acceptance of service form, the sheriff will still serve them by giving them a copy of the form. However, the partner does not have to agree to the divorce or to be served.
A separation agreement is another document that couples often sign. It’s a contract that settles all of the claims related to the marriage, such as who gets what property, money, and/or child rights. Most of the time, it is easier to settle your case by signing a split agreement than going to court.But you don’t need a breakup agreement to get a divorce. A partner in North Carolina can file for divorce on the day after they have been apart for a year. Your partner has no say in whether you file for divorce or not.It is your right to file for a divorce as long as you meet the requirements.
You don’t have to decide how to split your joint property or pay alimony before the judge signs the divorce papers, but you do have to file those claims by a certain date.They are gone for good if they aren’t filed and waiting by the time the divorce order is signed. To put it another way, most people want to be able to agree to sign a separation agreement that settles these issues before the divorce. That way, they won’t have to file for divorce and/or alimony claims. The partner doesn’t have to sign a separation agreement to agree to the divorce, though.
It is usually possible to file for child support and custody at any time before the child turns 18. In most of those cases, it doesn’t matter when the parents got split or whether they are married, separated, or divorced.