Many divorcing couples will admit that they delayed filing for divorce because either the whole process seemed too complicated or they were worried it would cause too much conflict. This is an understandable, yet often unfortunate decision, because no one really benefits from staying in an unhappy marriage.
When property is divided between you and your spouse after separation, this is considered “incident to divorce” and is not subject to taxes by the IRS according to Section 1041 of the Internal Revenue Code. However, this only applies to transfers of property between you and your spouse.
North Carolina General Statute Section 50-12 provides for ways to change your surname (last name) as a result of a divorce. There are two ways to do this.
When most people think of divorce, they are actually thinking of what is known in North Carolina as absolute divorce. Absolute divorce is when the bonds of matrimony are dissolved and this action is discussed in North Carolina General Statute Section 50-6.
In determining how to divide your marital property (meaning assets and debts acquired during the marriage), the court will not take into consideration alimony or child support obligations related to your spouse; however, the court may consider support obligations arising from a prior marriage.
Once you and your spouse separate, you may choose to divide your property by a separation agreement or by bringing a claim in court for equitable distribution (“ED”).
When a person interferes with a married couple’s relationship, there may be grounds for a lawsuit against that person. This most often occurs when a spouse has an extramarital affair. There are two claims that a spouse may file against this person in North Carolina: alienation of affection and criminal conversation.
The month of January, especially the first Monday of the New Year, is a very busy time for divorce lawyers. Known as Divorce Day in some legal circles, the first Monday often experiences a large increase in divorce filings for a variety of reasons.