Charlotte, NC- When you file for divorce in North Carolina, you have a choose between fault divorce and no-fault divorce. Each option will impact your final divorce settlement and affect how quickly your divorce is granted, which is why it’s important you understand the difference between the two. USAttorneys will discuss a few of the differences between fault and no-fault divorce, so you know what route you need to explore.
First, it is important that no matter what whether you are filing for fault or no-fault divorce in Charlotte, you and your spouse must separate and live apart for at least one year before your divorce will be granted under North Carolina law. Additionally, one of you must live in North Carolina for a minimum of six months before filing you divorce petition.
For most, a no-fault divorce is the best option. If you file for no-fault, you have to state simply that you and your estranged spouse have “irreconcilable differences” which aren’t resolvable. As long as a couple resolves issues over asset division and child custody, they can be granted a divorce as soon as the separation period ends.In Charlotte, North Carolina, you can file for a no-fault or a fault divorce depending on the reason for a breakdown in your marriage.
The next option couples in Charlotte have to file for a fault divorce if their estranged spouse has done something wrong to cause a breakdown in their marriage. Misconduct or mistreatment including abandonment, incarceration, infidelity and physical, sexual or verbal abuse. To be granted a divorce based on fault grounds, you must prove the wrongdoing or misconduct you allege in your divorce petition.
A fault divorce can take months or more to resolve, but it is a necessity in many cases. If a fault divorce is granted, one spouse may get a better child custody arrangement or secure a larger amount of spousal support. A fault divorce also shields a child from a potentially abusive parent or being put in potentially dangerous situations. If you are thinking about a fault divorce, USAttorneys encourages you to speak with a divorce lawyer near you in Charlotte.
What filing you choose depends on a number of circumstances, so it’s wise to get the advice of divorce lawyer in North Carolina. They will discuss if you should file for a fault or no-fault divorce and help you make the best decision in your case. USAttorneys’ team of matrimonial lawyers can help you with all aspects of your divorce. Call a lawyer near you and set up a consultation, so you know what to expect from your divorce and can begin planning for your future.