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What If I Don’t Want a Divorce?

In Separation & Divorce by Elizabeth Stephenson

The end of a marriage is a sad, and often stunning, change in people’s life circumstances. Their hopes, their expectations, and their sense of normal are thrown into flux. Sometimes, one spouse wants a divorce while the other doesn’t. Whether this is based on hope, personal beliefs, denial, anger, or some other reason, it presents a big dilemma for both spouses. Therefore, a key question in this situation is: What if I don’t want a divorce? North Carolina Is a No Fault State North Carolina is an absolute divorce state. This is a no-fault divorce that a spouse can seek after a married couple has been separated for a period of at least a year. In other words, if two spouses have lived separate and apart for a year, then …

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The Nuts and Bolts of an Equitable Distribution Proceeding

In Separation & Divorce by Sarah Hink

When couples separate with the intention of a divorce, one of the big issues that couples must resolve is property. Property division is handled through an equitable distribution in North Carolina, meaning all marital property is split between spouses in an equitable manner. If you are on the verge of a separation, it will be useful to understand the nuts and bolts of an equitable distribution proceeding. Is An Agreement Possible? The first scenario in which a couple may divide their property is by agreement. If they executed a prenuptial agreement prior to their marriage, then the terms of that agreement are likely to be legally binding on each spouse. If there are any unresolved issues or unaddressed property, then the couple will need to address this following their separation. …