01/10/2019
Hi all, I apologize, but it has been a long time since I posted a helpful tip. I am going to attempt to post something every month. Remember, any information or scenario I provide will be NC specific. If you live in another state, please contact an attorney in your state.
My first advice for the year is related to divorce. The most common divorce is an absolute divorce based on separation. In order to file for an absolute divorce based on separation, you must meet both the following requirements:
1. Plaintiff and defendant have lived separate and apart for one year, AND
2. Plaintiff or defendant has resided in the state for a period of at least six months.
A lot of my clients (Hmong individuals) seems to have an issue with the meaning of “separate and apart” for one year. The words “separate and apart” require both a physical separation AND an intent not to resume the marriage. This separation must last one year and there are things that the couples may end up doing that resets the one year.
If you or anyone you know need advice on divorce in Burke, Catawba, Caldwell, and some surrounding counties, please feel free to contact me.
Additional Tip:
You cannot file for a absolute divorce one day/week/month after leaving your spouse or your spouse leaving you. The reason the rules state one year is because it allows time for the spouses to work things out, and some usually reconcile.
Divorces also usually lead to distribution of assets, so be prepared.