Blog Post

Top NC Divorce Tips

Russell Family Law & Litigation • May 18, 2020

5 Things to do Before you Divorce

Getting a Divorce in North Carolina

No one believes that their marriage could result in a divorce, but sometimes it happens. While getting a divorce is difficult on a personal level, there are also legal and financial aspects that you need to be mindful of. Each state has implemented different divorce laws, and North Carolina is no exception. For example, NC will validate your divorce only if you have lived separately from your spouse for 12 consecutive months. Also, you need to have been a resident of the state for at least six months.

What to Do Before Getting a Divorce

If you are considering filing for divorce, you must do the following five steps before committing to anything. North Carolina’s divorce laws might seem confusing to some, and you need to be careful about how you approach the process. Such important decisions shouldn’t be rushed, especially when they involve complex legal and financial angles.

So, before you start the divorce process, make sure you do the following:

1. Talk to a Marriage Counselor

While the situation might seem hopeless from your point of view, there might still be something you can do to save your marriage. A professional counselor might help you pinpoint the root of the problem and find a way towards fixing the situation. They can also give you practical advice on how to deal with your feelings, anxiety, and stress levels during the divorce process.

It is important to point out that you do not need your spouse for a counseling session. If they are not willing to participate, you should do it alone. It will be helpful either way. Ask around for recommendations from your friends and colleagues, or do an online search for a local professional.

2. Consult with an Attorney

As we already mentioned, divorce laws in North Carolina are rather tricky. That is why you need to talk to an attorney and get as much information as you can on the subject. It is possible that you won’t need to actually hire them for the divorce process itself. However, you would be wise to discuss your situation with a lawyer. NC divorce laws can make a relatively simple situation significantly more complex. The outcome of your divorce might be defined by the actions you are taking right now. So, make sure all your bases are covered from a legal side.

We will further explore the intricacies of NC divorce law in the following paragraphs.

3. Discuss Any Extramarital Affairs with Your Lawyer

Adultery is a crime in the state of North Carolina. That is why, if you have engaged in extramarital activities, you need to discuss them with an attorney. Outright admitting to the truth may not be your best course of action, especially if alimony is demanded from your spouse. You might end up paying a lot more than the amount requested.

NC implements a no-fault divorce policy. This means that the spouse asking for a divorce does not have to prove that the other spouse did something wrong. However, if adultery is admitted or proven by one of the sides, the judge will take it into account when determining the amount of alimony. Adultery is one of the few things that the law outlines as a “fault” and might have a severe effect on the outcome of the divorce.

The statute that determines adultery as a marital fault states determines it this way:

1. Illicit sexual behavior (meaning “acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engage in by a spouse with someone other than the other spouse”).

4. Do Not Move out Before Consulting an Attorney

In addition to adultery, suddenly moving out is also one of the marital faults that can affect your divorce. Leaving without any good reason might cost you increased alimony payments, or render you unable to receive such. In addition, you might not be able to return to the premises until the divorce proceedings wrap up. Keep in mind that this can take up to a year.

If you want to move out, make sure you discuss the topic with your lawyer first. That is, of course, unless your spouse is abusive and violent. In this case, vacating the premises is not simply justified — it is necessary.

5. Secure Your Assets

If there are assets that you wish to use during the separation process, make sure you take possession of them before starting the procedure. Those can include vehicles, furniture, and other similar items. Also, if you possess assets that your spouse might end up liquidating, such as precious stones, cash, or collectibles, make sure you take possession of them as well.

If real estate will come under dispute during the divorce, you should visit a local Register of Deeds office and file a Lis Pendens for the properties in question. This filing notifies any third parties of your claim to the real estate, effectively serving as a notice of pending litigation. A Lis Pendens will lock your property to the market, making it impossible for someone to sell it without your knowledge and consent. This action is possible in all states, and you can learn more about it by reviewing the NC General Statutes.

When it comes to protecting your property during the divorce, there is one more action you can take. You can file for a restraining order against your spouse, making them unable to sell or transfer any property covered in the injunction. This restraining order can also be used in order to take possession of any items that your spouse has and refuses to hand over. The state of North Carolina has an equitable distribution statute — it gives you the ability to temporarily claim marital property, until the court reaches a final decision on its ownership. This statute will come in handy if you are short on funds during the whole ordeal. Keep in mind that the fee for filing for a divorce in NC is $225.

Here are some additional steps that you can take in order to protect yourself during a divorce:

If you and your spouse have any joint bank accounts, make sure you close them. Instead, open new accounts with your own name.

If you own joint credit cards with your spouse, freeze them. You should also block your spouse’s access to any other line of credit that you might have.

Change the name of the responsible party for any utility bills you have.

If you need to spend, make sure you save your own cash and property. Instead, take advantage of any marital properties, or the property of your soon-to-be ex-spouse.

Please be informed that this is not a complete list of all the necessary actions you need to take when getting a divorce in North Carolina. Make sure you check the rest of our website for more useful information on the matter.

< Older Post Newer Post >

Request A Consult

Mail