My spouse and I have been living in separate rooms in our house for the last three months and would like to divorce as quickly as possible. What is the earliest we can be divorced?
Do I need to have separation papers drawn up in order to be legally separated?
What is a “Collaborative Divorce”?
You can have a cooperative, amicable, negotiated resolution of your issues without using Collaborative Law procedures. Our approach favors negotiated settlements with a family mediator, to save costs. But if you and your spouse are not able to reach an agreement despite everyone’s best efforts, we want to be able to represent you in court later on, and we want to be able to use the appraisals and reports you have already paid for. The goal is to get the best result, at the lowest cost, in the least amount of time.
My spouse and I have separated and would like to legally divide our property prior to divorcing. Is this possible?
Will my spouse get half of everything I own?
All property acquired after the date of marriage but before the date of separation is presumed to be marital property, no matter whose account it went into, or how the property was treated during the marriage. Marital property is presumed to be split equally between the spouses.
Separate property is anything that was acquired before the marriage or that was inherited or received as a gift during the marriage. Separate property belongs to the spouse who brought it into the marriage, or who inherited it.
The third category, divisible property, includes increases or decreases in the value of marital property after the date of separation but before the date the property is actually divided between the spouses. It also includes property acquired after the date of separation but that was based on efforts during the marriage (for example, a purchase that was negotiated during the marriage but isn’t actually finalized until after the parties have separated). Like marital property, divisible property is presumed to be split equally between the parties.
In some cases, marital and divisible property will be divided unequally. This can be appropriate where one of the spouses has long term health problems or cares for a disabled child, to name just two examples. It is up to the judge to decide whether an unequal distribution of the assets is appropriate in each case.
Learn more about property division on our Equitable Distribution page.
My spouse and I purchased a house during the marriage. It is our single biggest asset, but I would like to retain ownership if possible. What are the options?
I started a business during the marriage that has been very successful. My spouse is a stay-at-home parent and does not work in the business. Is my spouse entitled to half the value of the business?
Learn more about business and separation on our Divorce and Business page.
During the marriage, I inherited $20,000 from my mother. I used the money to purchase the car that I currently drive. Is my spouse entitled to half of the value of the car?
I received a gift of $50,000 from my parents during the marriage. The gift was intended to be to me alone—not to me and my spouse. The $50,000 has remained in an interest-bearing bank account since the time I received it. Is my spouse entitled to half of the value of this gift?
I received a bonus from my job after my spouse and I separated. However, the bonus was for a time period prior to separation. Is my spouse entitled to half of the bonus?
How will our assets be valued?
Ordinary household items are valued at fair market value; that is, the value the item could fetch on the open market, if it were sold on Craigslist or E-bay, for example. Smaller items are valued at yard-sale value.
My ex wants to modify our child support agreement. Under the current schedule, I have our son one night per week. How will child support be calculated by the court?
If both parents have custody of the children for more than 123 nights per year, use Worksheet B to calculate child support. (Click here to go to NC Child Support Worksheet B.)
Learn more on our Child Support page.
Is my spouse entitled to a certain amount of alimony based on how long we have been married and our income? Is an award of indefinite alimony likely? Is there an alimony calculator like there is a child support calculator?
Learn more on our Alimony and Postseparation Support page.