By Your Side Throughout The Divorce Process
My goal in every divorce case is to try to minimize emotional stress and damage to family relationships as I help each client transition to the next chapter of their life. This can only be accomplished by being responsive and accessible to my clients in their time of need. I am always transparent in explaining my actions and the reasons behind the legal advice I give.
North Carolina divorce law is very nuanced and complex. Therefore, it is extremely important that you consult with an attorney to thoroughly explain all your options and to help you explore the best legal strategy for your unique matter. I encourage website visitors to reach out to me with questions on the types of divorce outlined below.
Types Of Divorce In North Carolina
North Carolina is a hybrid state for divorce, meaning there is more than one way to end or invalidate your marriage. Listed below are descriptions of each type of divorce action permitted in North Carolina.
Absolute divorce: This is a no-fault divorce, which means that you can file for an absolute divorce without proving that your spouse is to blame for the breakup. To qualify for an absolute divorce in North Carolina, you must meet all three requirements outlined below.
- You must have a legally valid marriage.
- Either you or your spouse must have resided in North Carolina for at least six months before filing for divorce.
- You must have lived separate and apart from your spouse for at least one year with the intent to remain separated.
Even if you have not been living separate and apart from your spouse for one year, it is still vital that you contact legal counsel to address other issues that may be relevant in your case that do not have a year long separation requirement. Examples of these issues include divorce from bed and board, child custody, child support, equitable distribution, and spousal support.
Divorce from bed and board: Contrary to the name of the action, a divorce from bed and board does not legally terminate a marriage. In North Carolina, a divorce from bed and board is a court-authorized separation that legally allows one party to refuse to live with the other party.
To qualify for a divorce from bed and board, you must meet all three requirements outlined below:
- You must have a legally valid marriage.
- Either you or your spouse must have resided in North Carolina for at least six months before filing for divorce from bed and board.
- The filing spouse must prove that the opposing spouse committed misconduct based on certain specific grounds. Examples of these grounds of misconduct include when a spouse commits adultery, excessively abuses drugs or alcohol, or when a spouse abandons his or her family.
Absolute divorce based on incurable insanity: In North Carolina, the court may grant an absolute divorce petitioned by the sane spouse, where the parties have lived separate and apart for three consecutive years without cohabitation and are still living separate and apart by reason of the incurable insanity of the opposing spouse.
Annulment: An annulment is different from the concept of divorce because the effect of an annulment is to prove that a valid marriage never existed. There are multiple grounds for an annulment in North Carolina and to overcome the presumption of a valid marriage, the burden of proof rests upon the party seeking the annulment.
Alternatives to divorce litigation: I am also well versed in collaborative law and will work with clients on separation agreements and property settlements that will minimize the need for court involvement, reduce legal fees and lessen the emotional conflict that comes with a drawn-out legal battle. However, if my client and the opposing party cannot come to an agreement, I am prepared to litigate to protect my client’s best interests and help my clients achieve their goals.
Contact The Law Office of Katlyn A. Reh, PLLC, For A Consultation Today
If you are considering a divorce, annulment, or separation agreement, call 704-276-6810 or fill out our online contact form to set up an initial consultation. I will explain all your legal options in detail and help you through this difficult and often daunting process.