North Carolina Divorce Tips

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Divorce is a complex and baffling issue. The very thought of it scares many; for others it comes as a source of relief. So, you should be clear in your mind about what you want- whether you want to give a second chance to your marriage or put an end to the failing relationship. If you find your spouse to be the reason of your unhappiness, you must choose divorce as the final option. Once you make your mind for this, you must start preparing for the legal procedures. The first step towards a successful divorce would be knowing some essential divorce guidelines. The North Carolina Divorce Tips provide an insight into the state divorce laws and show ways to solve common divorce problems.

General North Carolina Divorce Tips:

Before delving deep into certain circumstances, let us take a quick glance at some general divorce advices.

• Any of the parties need to be a resident of the state for at least a period of 6 months before filing. Legal action should be commenced in the state where the plaintiff or the defendant resides.

• The state law allows equitable distribution of property. There shall be an equal division taking into account net value of marital property and divisible property, unless the court considers that an equal division is not equitable.

• Unlike many other states in the US, divorce mediation in North Carolina means a contested divorce related to child custody or a visitation of a minor child.

Some important North Carolina Divorce Tips

• After a marriage is complete, the premarital agreement becomes effective. During the marital phase, if the parties desire to revoke or amend the premarital agreement, this can be done only by a written agreement. Such a revocation or an amended agreement can be enforced without consideration.

• Collaborative law process means the following:
  • The husband and wife are separate and are attempting a divorce
  • The husband and wife are speculating separation and divorce

  The lawyers of this couple make a good faith attempt to overcome the conflict in the marital relation on an agreed basis.

• Assume that a collaborative law agreement has been initiated before the death of one of the partners. Despite this demise, the personal representative of the estate of the partner, who has perished, is permitted to continue the collaborative law process with respect to equitable distribution.

• A collaborative law agreement has the following features:
  • It must be in written form.
  • It must be signed by all parties and lawyers related to the agreement.
  • If the collaborative law process does not cause settlement of the dispute, there must be provisions for withdrawal of all involved lawyers.

• Assume that the court has made an award regarding a particular issue and a copy of this award is delivered to the applicant. This applicant desires to correct or alter this award and within 90 days of the delivery makes an application regarding the alteration. The court considers the application if any one of the following has taken place:
  • There is an obvious error in the description of a property, thing or person
  • There is an obvious miscalculation of figures
  • The award is not perfect and does not impact the merits of controversy
  • The arbitrators have granted an award regarding an issue that has not been submitted to them

• If a party makes an application regarding an award, the court may depart from an award if any of the following conditions are met:
  • The arbitrators exceeded the powers allocated to them
  • There was a misconduct that prejudiced the rights of a party
  • An arbitrator was found guilty of corruption
  • An arbitrator executed partiality
  • The award was obtained by fraud, corruption or other undue methods
  • The award comprised of disciplinary damages and the court concludes that the award for these damages is obviously wrong
  • The court is of the opinion that the award for child custody or child support is not in the best interests of the child
  • The arbitrators conducted the hearing opposite to the provisions of G.S. 50-47
  • The arbitrators refused to consider the proof furnished
  • The arbitrators did not postpone the hearing although there was enough reason for a postponement

• The arbitrators are empowered to administer oaths. They are given the right to issue subpoenas for production of documents, records, books or other proofs and for attendance of witnesses.

• The arbitrators designate the manner and terms in which the depositions would be taken.

The North Carolina divorce tips will prove to be important keys to a successful divorce. Take care of your needs and look forward to survive in a future of your own.

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