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If you file for divorce, your spouse does not have to complete or sign any paperwork, file anything with the court, or go to court for the divorce hearing. However, your spouse must receive proper legal notice of the divorce case that you file.
Each state has its own rules about how marital assets should be divided. While some states strictly split assets 50/50 in all cases, others (including North Carolina) do not.
What Factors are Weighed When Property Is Divided In Divorce? Property can be divided in any amount. However, in most North Carolina divorce situations, equitable distribution law presumes an equal 50/50 division meaning each spouse receives half of the estate.
What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.
Generally, there are no benefits to filing first in a divorce case. North Carolina is a no-fault state, and this means that the only requirement in order to get divorced in North Carolina is to be living separate and apart for one year, with the intent to stay apart.
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Youre very likely going to be responsible for some spousal support plus child support if you have minor children. If the dependent spouse has to seek a court order for support, the supporting spouse can be required to pay back-support (arrears) and attorney fees in support actions.
Uncontested divorces typically take, at a minimum 30 to 60 days to finalize. Contested divorced typically take a year or more to finalize. Remember, this does not include your one year period of separation prior to filing for and finalizing your divorce.
In North Carolina, there is no one answer to the question, How long do you have to be married to get alimony? The courts take a variety of factors into account when making this determination. If you and your spouse are considering divorce, its essential to understand how alimony works in our state.

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