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What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.

How long does a divorce take in NC? Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced.

Property can be divided in any amount. However, in most North Carolina divorce situations, equitable distribution law presumes an equal 50/50 division ? meaning each spouse receives half of the estate.

In North Carolina, you can file for a no-fault divorce once you and your spouse have lived separately for one year and one day prior to filing. You do not need your spouse's consent. Though they must be served with the appropriate paperwork, you will not need their signatures or cooperation.

Whether it matters who files for divorce first in NC depends on the specifics of your case. Jurisdiction is determined by the party that files first. The spouse who files presents their case first. However, when it comes to child custody, spousal support, and property division, filing first usually isn't critical.

In North Carolina, the responsibility for spousal support, also known as post-separation support and alimony, is not automatically imposed on one party or the other. Instead, the court determines it case-by-case, considering various factors.

Both spouses can only remove the other from the marital home with a court order. So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence.

Is marital property always divided 50/50? Not always. North Carolina law presumes that an equal (50/50) division of marital property is ?equitable,? or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.

Possible legal benefits of filing first This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce.