Fayetteville Divorce Lawyer
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INTRODUCTION
Gary Britt Law is in Fayetteville, North Carolina and is here to serve the legal needs of the civilian and military communities of Fort Bragg / Fort Liberty, and Cumberland, Harnett, Sampson, Bladen, Robeson, Hoke, and Moore Counties. If you are seeking clarity and guidance on matters of divorce and family law in North Carolina, Gary Britt Law is here to serve you.
At Gary Britt Law, I understand that separation and divorce can be some of the most challenging and emotionally charged experiences one can go through. That’s why I am dedicated to providing compassionate and reliable legal counsel to help you navigate the complexities of the separation and divorce process with confidence and peace of mind.
One of the most important things I need to explain to clients is that there are two types of divorce in North Carolina – albeit only one that permanently ends a marriage – and that these claims are separate from other family law issues such as child custody, child support, equitable distribution (division of marital property and debts) and spousal support (post separation support and alimony). Understanding the differences between the claims and options options is crucial when making informed decisions about your future.
There are two types of divorce in North Carolina: (1) Divorce from Bed and Board and (2) Absolute Divorce.
In North Carolina, an absolute divorce is what most people generally understand as divorce. It permanently ends the marriage, allowing both parties to remarry. To obtain an absolute divorce, certain legal requirements must be met, including being separated for at least one year and one party having lived in North Carolina for at least six months before filing for divorce.
On the other hand, divorce from bed and board is a legal separation where the parties remain married but have specific legal rights and obligations towards each other. This type of divorce requires one party to prove fault grounds, such as abandonment, adultery, or cruelty, to obtain a court-ordered separation.
As we explore these topics in detail, I hope to provide some insights into the legal requirements, the processes involved, and the implications of each type of divorce. Whether you are considering a divorce, looking to understand your rights, or seeking the best approach for your specific situation, I am here to guide you every step of the way.
With my experience in family law, particularly in serving the needs of the Fayetteville community and its military members, I am well-equipped to handle the unique challenges that may arise during divorce proceedings.
Remember, you don’t have to face this difficult time alone. Together, we will work towards achieving the best possible outcome for you and your family. Feel free to explore the resources provided throughout this website and do not hesitate to contact me for personalized legal assistance tailored to your needs.
Thank you for coming to Gary Britt Law’s website, and I hope I can be your trusted legal partner during these trying times. Let’s begin this journey together and build a brighter future for you and your loved ones.
ABSOLUTE DIVORCE
Grounds for Absolute Divorce: In North Carolina, absolute divorce is granted based on specific grounds related to time and separation.
No-Fault Grounds
North Carolina has a no fault divorce statute that requires that the parties be separated for at least one continuous year before filing for divorce. This means that the couple must have lived separate and apart, without cohabitation, for a continuous period of at least one year and one day before filing for divorce. It is important to note that during this period, there should be no attempts at reconciliation.
Residency Requirement
Either you or your spouse must have been a resident of North Carolina for at least six months prior to filing for absolute divorce.
Filing the Divorce Complaint
To initiate the divorce process, you (the plaintiff) will need to file a “Complaint for Absolute Divorce” in the appropriate county court where you or your spouse currently reside while also meeting state and local rules pertaining to the filing of certain other documents, notices and affidavits required with the filing of a lawsuit.
Serving the Divorce Complaint
After filing, the divorce complaint must be served to your spouse (the defendant) through specific methods as set forth in the North Carolina Rules of Civil Procedure.
Waiting Period
Once the divorce complaint is served, there is a 30-day waiting period during which the defendant can respond to the complaint. If the defendant does not respond, the divorce can proceed as an uncontested divorce based upon “default” or summary judgment, but the other spouse can also ask for extension of time of an additional thirty days in which to respond.
Hearing
At a hearing, the person seeking the divorce will show to the Court why the divorce should be granted based upon North Carolina’s requirements. This process can be done via affidavit in a motion for summary judgment or via brief testimony during a short trial.
Final Judgment
If all the requirements are met, after a hearing, the court will issue a final judgment of absolute divorce, officially ending the marriage.
DIVORCE FROM BED AND BOARD
GROUNDS
In North Carolina, spouses can seek a Divorce from Bed and Board based on several grounds, including but not limited to
- Abandonment: One spouse leaves the other without justification, and the abandonment lasts for one year.
- Malicious Turning Out of Doors: One spouse forces the other to leave the marital home without justification.
- Cruel or Barbarous Treatment: One spouse engages in severe physical or emotional abuse towards the other.
- Indignities: One spouse treats the other in a way that makes the living condition intolerable.
- Adultery: One spouse engages in extramarital affairs, leading to the breakup of the marriage.
- Excessive Drug or Alcohol Use: One spouse’s excessive substance abuse leading to marital problems.
FILING REQUIREMENTS
To initiate a Divorce from Bed and Board, certain filing requirements must be met
- Residency: At least one of the spouses must have lived in North Carolina for a minimum of six months before filing the action.
- Complaint: The filing spouse (plaintiff) must file a formal complaint with the appropriate court, outlining the grounds for seeking the divorce.
LEGAL PROCESS
The legal process for Divorce from Bed and Board typically involves the following steps
- Filing: The plaintiff files the complaint for divorce from bed and board with the appropriate court, providing sufficient evidence to support the chosen grounds.
- Serving the Other Spouse: The plaintiff must serve the complaint and related documents to the other spouse (defendant) within the legal guidelines as set by the North Carolina Rules of Civil Procedure.
- Response: The defendant has a specific period to respond to the complaint, either admitting or denying the allegations.
- Court Proceedings: The court will hold hearings to assess the evidence and make a decision based on North Carolina law.
- Judgment: If the court finds sufficient grounds, it will issue a Judgment of Divorce from Bed and Board, outlining the terms of the separation.