Anyone going through a divorce knows the level of stress and fear one has to go through. Divorce is certainly one of life’s most strenuous experiences. It will change your lifestyle and habits that you have built over the years with your partner, in short, your whole life will go through a massive transformation.
Therefore if you are thinking about divorce, it is best if you get a divorce attorney who understands the details around your divorce process, and gives you the best advice since you may fail to notice some key points which can ultimately create problems for you.
Mr. N Lawrence Hudspeth is a specialized divorce attorney who will be able to think strategically about the output you want from your divorce so that there are no hindrances for you to attain the best possible outcome.
Laws regarding divorce are:
There is a residency requirement that needs to be fulfilled before filing a divorce, where one of you has to be a resident of North Carolina for at least 6 months. There are two angles of divorce recognized by North Carolina laws. They are a no-fault absolute divorce (NC Gen Stat § 50-5.1 and NC Gen Stat § 50-5.6) and divorce from bed and board (NC Gen Stat § 50-5.7). Under absolute divorce, there are two grounds: separation for one year and incurable insanity.
Separation for one year and one day
Under this ground, you must live separate and away from your spouse in another physical residence for one whole year-one day and at least one of you ( spouse) must have the intention to not recommence the marriage and remain separate and away. There is no need to file any special documents for ‘legal separation’ to start this one-year and one-day period.
One of the partners suffering from Incurable insanity
Under the ground of incurable insanity, a husband and wife must have lived separate and apart, meaning in different physical residences due to the reason of one of the partners suffering from insanity for three consecutive years and is still living apart. The burden of proving incurable insanity is however on the healthy spouse who has to obtain affirmation from two proper physicians. One from a staff member ( or the superintendent) of the institution where the spouse suffering from insanity has been constricted and another one from a general practicing physician in the community where the couple inhabits.
Divorce from bed and board (fault-based)
A divorce from bed and board in North Carolina means a legal separation based on marital misconduct, but it does not dissolve the marriage. Since the conjugal bond still exists, neither spouse has the right to marry again. One of the few examples can be that the protesting spouse might look for a divorce from bed and board to remove the spouse from the residence they have been residing in or for child custody, child support under North Carolina law.
Under this ground the spouses cannot give their consent to a divorce, instead, the protesting spouse must file an action for a divorce from bed and board. To be eligible to file an action, the protesting spouse must provide evidence that he or she has been affected by the spouse who is said to be insane that falls within one of the six statutory fault grounds. The six grounds under (North Carolina General Statute § 50.7) for a divorce from bed and board are:
- Abandoning the family.
- Maliciously driving the protesting spouse out of the house
- Treating the protesting spouse in a cruel or barbarous way puts his or her life at great risk
- Indignities that makes the protesting spouse’s life unbearable
- Excessive consumption of drug or alcohol that makes the protesting spouse’s life unbearable.
Let a specialized attorney sort this out for you
If you are looking to file a divorce or discuss anything regarding this, you can contact Mr. N Lawrence Hudspeth without a doubt. He is a family law specialist and has been practicing in North Carolina for more than 35 years now.
He has been specifically dealing with child support, child custody, and distribution of property for clients during divorce. Hence if you are looking for an attorney to help you through this stressful time, please contact us and let us support you through the process.