In North Carolina, you must be separated for one year before you can file for Absolute Divorce. This year can go by fast, or slow, depending on the nature of your matter. Some people eagerly wait for the expiration of their one year separation so they can officially become divorced. Whether you find yourself excited to file or not, make sure you’ve spoken to an attorney beforehand, because filing without a pending claim for equitable distribution could cost you big time.
Equitable distribution is the division of marital property between spouses after their separation. North Carolina is a no-fault equitable distribution state. This means property is divided evenly between spouses, regardless of wrongdoing in the marriage.
What’s important to remember about filing for divorce and dividing marital property is that one must precede the other. The division of assets does not have to be final to file for absolute divorce, there just needs to be a claim for equitable distribution pending. A claim for equitable distribution can also be included in your Complaint for Absolute Divorce. If you file for Absolute Divorce and there is not a pending claim for equitable distribution, you are potentially walking away from money and assets owed to you during your marriage.
If you are ready to file for divorce and have not yet divided the marital assets of your marriage, please reach out to our office so that we can insure that you receive what is owed to you from your marriage.