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Assets and debts you acquired during the marriage are generally classified as “marital property” (exceptions include inheritances and gifts that either of you received from a third party during the marriage). A third category, called “divisible property, ” applies to property obtained between separation and divorce. Divisible property may be divided between the parties depending on the circumstances. How can I file for equitable distribution? You can file a complaint requesting equitable distribution, in which you may also include other requests, such as alimony, child custody, child support, and/or divorce. If your spouse files a complaint against you, you can file your claims in an “answer” (the document filed with the court in response to a complaint).
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However, your spouse must receive proper legal notice of the divorce case that you file. Can I get divorced after less than a year if I prove fault? No. Unlike some other states, North Carolina only allows for no-fault divorce, which requires at least one year of separation. What is required for a divorce based on incurable insanity? This divorce requires that you and your spouse have been living apart for at least three years because of your spouse’s mental health condition, and that your spouse either has been institutionalized during that time or was found “insane” by a judge at least three years ago.
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What is a separation agreement? A separation agreement is a private contract between spouses who are separated or plan to separate very soon. A separation agreement includes agreed-upon terms dealing with various issues related to the separation, such as which spouse is responsible for certain bills, whether one person will continue to live in the marital home, or where the children will live. A typical separation agreement includes the details of separation, property division, spousal support, and if there are children, child custody and support. Do I need a separation agreement? A separation agreement is not required to be legally separated from your spouse.
What property can be divided in equitable distribution? In North Carolina, “marital property” can be divided between the parties, while “separate property” is not divided. In general, assets or debts either spouse had before the marriage are “separate property” belonging to that spouse, and will not be divided. However, a spouse may have some claim to an asset based on active increases in value during the marriage.
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