Divorce is the termination of the marriage bond. Often times when people are talking about divorce they're really talking about related issues of property division, alimony, child custody and child support. There's a big difference between how people commonly use the word divorce and what the term actually means and I have no doubt that the common misunderstandings about divorce cost many people a significant amount of money and property.
North Carolina is a no-fault jurisdiction, which means that fault need not be proved in order to obtain the divorce. The parties merely need to have to been separated for at least one year and one of the parties needs to have resided in North Carolina for six months or more.
You can and many people do file their own divorces, but folks who file their own divorces often neglect to make claims for alimony and equitable distribution. If you don't have an enforceable separation agreement and: 1) if you don't file a claim for alimony before an absolute divorce is granted, you're going lose that claim; 2) if you don't file a claim for equitable distribution before an absolute divorce is granted, you're almost certainly going to lose some rights in the marital property. One of the most frequently overlooked and valuable rights that you may forfeit is your potential right to a proportionate share of your spouse's retirement.
I talk to folks every week who tell me that they've only been married a couple of years, there are no children of the marriage, they never bought a house and they're driving the cars they brought to the marriage. I'm happy to handle these types of divorces, but if they're interested in handling it themselves, I give them my blessing. However, if you have been married more than a couple years, have children and have acquired property, you would do well to consult with an attorney experienced in family law. If you don't talk to me, talk to someone.
Thanks for reading,
Eric
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Eric L. Johnson
Attorney at Law
914 Hay Street, Fayetteville, NC 28305
Tel: (910) 691-8600
Fax: (910) 222-3059
Email: elj@eljlaw.com
Web: http://www.eljlaw.com
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