DIVORCE LAWYER CHARLOTTE, NC
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WHAT IS DIVORCE?
Simply, divorce is the legal process by which a marriage is dissolved. In North Carolina, there are two primary types of divorce.
Divorce attorney charlotte nc
divorce lawyer charlotte nc
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Absolute Divorce
An absolute divorce is a no-fault divorce, based solely on the separation and residency of the spouses. To obtain an absolute divorce in North Carolina, the spouses must have lived separate and apart for one continuous year and at least one of them must have resided in the state for the six months prior to the filling of the divorce claim. Under these circumstances, neither spouse needs to allege or prove misconduct by the other. Our divorce attorney in Charlotte, NC can help you with filing an absolute divorce and make sure the final settlement is fair.
Incurable Insanity Cases: in cases where one spouse suffers from an incurable insanity, the spouses must have lived separate and apart for three years in order to obtain an absolute divorce. There are other requirements in these types of cases. For example, only the sane spouse may file for the absolute divorce.
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Divorce From Bed And Board
Divorce from Bed and Board is a judicial separation. Despite the name, it is not an actual dissolution of the marriage. This type of claim is fault-based, meaning one spouse must prove marital misconduct by the other spouse in order to prevail. Grounds for marital misconduct, include, but are not limited to, abandonment, adultery, excessive alcohol or substance abuse, cruelty, personal indignities and malicious turning out of doors by a spouse. Parties do not have to be living separate and apart in order to obtain a Divorce from Bed and Board.
There are various important considerations when seeking or defending against a Divorce from Bed and Board. It is in your best interest to speak with a divorce lawyer in Charlotte, NC for a Divorce from Bed and Board to ensure you get a fair settlement.