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North Carolina Divorce Laws-Frequently Asked Questions

1. I want to file a divorce, what is the residency requirement of North Carolina?
According to North Carolina divorce laws, you should be living in North Carolina for at least 6 months to file a divorce.

2. I want a divorce because my spouse has been cheating on me, what should I do?
If your spouse has been cheating on you, under North Carolina divorce laws you can file for divorce on fault divorce ground adultery and bail out.
3. How long should I and my spouse live separately?
The minimum separation requirement is 1 year. So, both you and your spouse must live separate and distant from each other for one year before you can file for divorce.
4. What is an absolute divorce?
An absolute divorce means termination of a marriage. You and your spouse can claim a North Carolina divorce, if both of you are living separately. However, in North Carolina, you do not have to give any legal document to prove your separation.
5. I want a divorce but my spouse does not, can I still file for divorce?
North Carolina divorce laws give everyone the right to divorce, whether your spouse agrees or not.
6. What is the best time to claim an alimony?
Alimony or spousal support should be claimed during the process of divorce. According to North Carolina divorce laws, "a judgment of absolute divorce obtained by the dependent spouse in an action initiated by him or her eliminates that spouse's right to alimony unless a claim for alimony has been asserted and left pending prior to the judgment, either in that action or an earlier action."
7. Do I have to hire a divorce lawyer to get a divorce?
It is not a hard and fast rule to hire a divorce lawyer. But it is advised to hire a divorce lawyer or divorce attorney because s/he will provide you professional help.
8. Who will get the child custody?
The court gives you a chance to settle down all the issues including child custody. In case there still reamin unresolved issues, then court is the absolute athourity to decide child custody issue.
9. Me and my spouse have joint child custody, who is liable to pay for support?
According to North Carolina divorce laws, both the spouses are liable to pay a percentage of his/her income as child support.
10. Is it necessary to hire two different divorce lawyers?
Yes, you both cannot hire the same divorce lawyer in North Carolina.
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