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North Carolina Divorce by Summary Judgment with Adult Children

North Carolina Divorce by Summary Judgment with Adult Children

Name: North Carolina Divorce by Summary Judgment with Adult Children
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.67 (347 reviews)

Category:

North Carolina Family Law - Divorce - Adult Children

State:

North Carolina

Control #:

NC-808D

Format:

Instant download

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Description

Divorce by Summary Judgment: This document grants the divorce. It further grants any other relief requested in either the Petition for Divorce and/ or the Marital Separation Agreement. This form is availalble in both Word and fillable PDF format.

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FAQ

Unless the terms of the agreement are unconscionable, or the agreement itself is a result of fraud, coercion or duress, the courts tend to accept the terms as written. Attempting to have a separation agreement overturned is difficult, but not impossible.

Marital property is all property acquired or earned during the marriage up until the date of separation. Pensions, retirement benefits, and other deferred compensation rights earned during the marriage are also marital property.

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.

In North Carolina, the courts will divide property in a way that is equitable, or fair.This is true unless the court determines that dividing the assets equally is not fair. Marital property is defined as all property acquired by either party, or both, after the date of marriage but before the date of separation.

While adultery by husband, wife, or both may destroy a marriage, but you can't use it as a ground for your divorce in North Carolina. North Carolina is one of only a few states that permit a spouse to file a civil lawsuit against the spouse's lover or anyone who interfered with the marriage.

A separation agreement is not valid in North Carolina unless both parties have signed and their signatures are notarized.Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement.

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.

Under North Carolina law, the amount and duration of an alimony award is based upon a number of factors including the length of the marriage, the reasonable needs of the spouses, the ability of one spouse to pay alimony, the dependent spouse's standard of living, the dependent spouse's educational background, and any

North Carolina Divorce by Summary Judgment with Adult Children

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FAQ

Can separation agreements be overturned?

What is marital property in NC?

Is NC A 50/50 divorce state?

How are assets divided in divorce in NC?

How does adultery affect divorce in North Carolina?

What voids a separation agreement in NC?

What is a spouse entitled to in a divorce in NC?

How is alimony determined in NC?

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