Considering Separation?
Considering Separation? Separation Laws in NC
According to separation laws in NC, you must be living ‘separate and apart’ for one year before you are able to file for divorce. This means at least one of the parties has to decide they are leaving the marriage and actually leave the residence. In hard economic times such as these, many people can’t afford to maintain two households. They often ask, “Is it enough if they live in the basement?”. According to NC law, this is not enough to satisfy the rule. One person must actually physically leave the residence and live somewhere else. You can always contact an attorney to set up a consultation regarding your separation and divorce. Read on for some basic helpful tips before you leave.
The following are some things you should consider before or immediately after you or your spouse decide to separate:
1. During the divorce process, you will likely be speaking with an attorney about how you want to divide up the marital property. Make sure you make an inventory of everything so that your attorney can help you determine what is considered marital property and who will retain possession of that property. This includes any financial records and tax information as well as the list of personal property. (Don’t forget to add pets to this list!)
2. Where will the children live? If you have children, you will need to consider space for them in any new residence. Each child needs their own space and children of a certain age and opposite gender will need their own room. Make sure that your residence can incorporate them.
3. When will the children see each parent? Work schedules and school schedules are important when you are determining when each parent will be spending time with the children. Depending on where one parent lives, it may be extremely difficult to split the time equally between each parent. Make sure you know work schedules, school schedules, and other activity schedules when you go in to meet with your attorney.
4. Make a list of questions you want answered. This process is by no means simple. It is best that you consult an attorney as soon as possible. Your attorney should explain to you everything you need to know about the divorce process. Before you meet your attorney, make sure you write out your questions ahead of time so all your specific concerns are addressed. With so much information that you need to absorb learn, you can make sure you don’t miss something the attorney says or leave without having all your questions answered by being proactive.
Following these four simple tips will help you stay focused in an incredibly stressful time. Contact an attorney as soon as possible and they will navigate you through this difficult time.
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