In NC, you must be living ‘separate and apart’ for one year before you are able to file for divorce. This means at least one of the parties has to decide they are leaving the marriage and actually leave the residence. In hard economic times such as these, many people can’t afford to maintain two households. They often ask, “Is it enough if they live in the basement?”. According to NC law, this is not enough to satisfy the rule. One person must actually physically leave the residence and live somewhere else. You can always contact an attorney to set up a consultation regarding your separation and divorce. Read on for some basic helpful tips before you leave.
Wondering about Marriage, Separation and Divorce in North Carolina? This list of quick points will explain the basic framework of family law in the state. Contact us today if you need to discuss your situation with a family law attorney
Spousal support in North Carolina is governed by Statute. Spousal support is a way to supplement your income but will most likely not replace it. In order to determine if you are eligible for spousal postseparation support, you must show that 1) you are a “dependent spouse”, 2) the other spouse is a “supporting spouse”, 3) that based on factors such as income and accustomed standard of living, the dependent spouse lacks resources adequate to meet his or her reasonable needs, and 4) the supporting spouse has the ability to pay