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Articles Tagged with North Carolina Divorce Process

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Divorce8-200x200North Carolina Permits Fault and No-Fault Divorce

When it comes to grounds for divorce, North Carolina is a hybrid state. It permits filings for both fault and no-fault divorce actions. It is important that divorcing parties are aware that North Carolina is a no-fault state as no-fault normally provides individuals with a speedy and egalitarian divorce proceeding. A contentious marriage or parties who have viable legal grievances against one another may not agree to a no-fault divorce proceeding. Therefore, knowing the differences between the two grounds of divorce is valuable to all parties involved. Under North Carolina law, the two broad bases for fault divorce are marital misconduct (i.e., adultery) or incurable insanity.  The complete definitions of both broad grounds are defined via legal precedent and legislative interpretation. In the alternative, no-fault divorce is clearly stated under statute. Under the no-fault divorce statute, both parties must have resided in North Carolina for six months or more. The parties must also live separate and apart for one year.

One Year of Separation

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DivDocument-200x200The common perception of divorce is generally negative. Pop culture is rife with depictions of nasty divorces and spouses bickering over every single possession. Children are often caught in the crossfire, as their parents fight bitterly to take everyone possible from their former partner.

In order to avoid a costly and lengthy divorce battle in the courts, an increasing number of spouses are taking advantage of settlement negotiations. Using techniques from alternative dispute resolution, the settlement negotiation process helps amenable spouses work together to isolate a mutually beneficial solution to divorce.

The following sections will provide an overview of the settlement negotiation process in North Carolina.

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