If you still cannot agree, you will need to seek relief through the court system.In order to get relief through the court, you would need to file a lawsuit in the District Court of the county where you or your spouse resides.If the supporting spouse committed adultery before the date of separation and the other spouse can prove it, he or she must be ordered to pay alimony.If both parties committed adultery before the date of separation, alimony is at the discretion of the court.What if my spouse is ordered to pay alimony and does not abide by the court order?If a party ordered to pay refuses to do so, the intended recipient may ask the court for an order holding the other party in contempt of court.The only other ground for divorce in North Carolina is a spouse’s incurable insanity with a separation of three years. It is always wise to consult an attorney about a divorce, even though the divorce may appear to be simple and uncontested.
Some counties in North Carolina have self-help centers or pro se divorce kits available for a nominal fee.Do we have to sign papers in order to be officially separated? You are legally separated when one or both of you vacates the former marital residence, and begin living separate and apart with the intention of at least one spouse for the separation to be permanent.Although the law does not require a couple to sign paperwork when they separate, you should consider having a lawyer draft a separation agreement if you decide to live apart. A separation agreement is a written contract between a husband and wife.The other spouse must be the supporting spouse; that is, the one able to pay such support.Post-separation support is temporary and lasts only until an alimony hearing or until the support is otherwise terminated.Never sign a contract without understanding the meaning and the legal impact of each provision.What if my spouse refuses to sign the separation agreement?If your separation agreement is incorporated in your divorce degree, it is no longer a contract and is enforced through the contempt powers of the Court. If the husband and wife are unable to resolve all issues with a separation agreement, then a court order may be necessary. Before a court can have jurisdiction (authority) to enter an order, one spouse must file a complaint initiating a lawsuit against the other spouse. For example, property acquired by either spouse before the marriage or by gift or inheritance during the marriage is generally considered to be separate property and exempt from division. Does the court consider adultery when it makes a decision regarding division of property? Adultery on the part of either spouse is generally not relevant to the issue of property division, unless such adultery can be tied to financial misconduct.Once a lawsuit has been opened, the court can resolve issues such as child custody and support, visitation, short term spousal support, alimony, and property division. What factors does the court consider before dividing the property?North Carolina law provides various remedies for failure to pay alimony. One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent.When those two requirements have been met, either party may file for an absolute divorce. So long as one party has resided in North Carolina for at least six months and so long as the parties have been separated for at least one year, the divorce will be granted.