North Carolina Separation: Taking A Necessary Step Toward Divorce
Going through a divorce is never easy. In addition, North Carolina requires that divorcing couples take a separation period before they can file for divorce. My name is Steven M. King, and I have dedicated my legal practice to family law.
I provide compassionate legal guidance to clients in Asheville and the surrounding western North Carolina communities as they go through separation and divorce. I understand the emotional and financial stress that comes with separation, and I provide clear legal guidance through what I know is a difficult time.
How Long Do You Have To Be Separated To Get Divorced In North Carolina?
In North Carolina, the divorce laws require you to live separately for one year before you can file for divorce. At least one spouse must intend the separation to be permanent. If parties reconcile during the one-year separation period, then the period starts over, and another full year of separation is required. What counts as a reconciliation, though, is based on all of the facts.
What Is A Divorce From Bed And Board?
In North Carolina, a Divorce from Bed and Board is a legal separation that has been ordered by the court because of a spouse’s misconduct. While it does not terminate a marriage in the same way a divorce does, it acts as a formal decree marking the date of the parties’ separation. Divorces from Bed and Board are rare but may be appropriate in some circumstances.
Comprehensive Legal Representation For Your North Carolina Separation
As you and your spouse decide to separate, especially in anticipation of a divorce, it can be extremely beneficial to consult an experienced separation and divorce lawyer to begin tackling everything that will need to be resolved as part of your divorce. I can help you negotiate the terms of your separation, including, but not limited to:
- The division of marital property
- Child custody arrangements
- Child support payments
- Spousal support, also known as spousal maintenance or alimony
I can help you negotiate a separation agreement that will outline your rights and responsibilities while you are living separately in North Carolina before your divorce. A separation agreement is a legally binding contract that sets forth separation agreement terms related to property, assets, debts, child custody, parenting time, child support and spousal support. Reaching agreements in these areas now can help you begin to resolve some of the issues in your divorce.
Using Your Separation Agreement To Structure Your Divorce
By consulting an experienced divorce lawyer before your separation date, you can negotiate a separation agreement that can build the foundation for your divorce settlement. This can make your divorce process more efficient, saving emotion, preventing conflict down the road, and also saving time and money after you can file for divorce.
As a family law attorney, I have dedicated my legal career to helping families resolve their legal challenges. Listening to your concerns and goals, I will customize my legal strategies to your specific circumstances and provide support and guidance through a difficult time.
Consult An Asheville Separation Attorney
If you are anticipating a divorce, would like to formalize your separation with your spouse, or need assistance with an SBB, I am available by appointment for initial consultations. You can reach me by calling The Law Office of Steven M. King at 828-900-3674 or by sending me a message through my website.