The following form is a Property Settlement and Joint Custody Agreement.
North Carolina Annulment Property Settlement and Joint Custody Agreement
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FAQ
Unlike divorce, not just any married can get an annulment. In North Carolina, a married couple must be separated for a minimum of one year and one day to obtain an annulment. North Carolina law specifies that an annulment may only be granted where a marriage is either void or voidable.
North Carolina also recognizes separate property, which is property that belongs to one spouse and not the other. Separate property includes: Inherited property, such as money or real estate. Property acquired prior to marriage?including real estate, bank accounts, and vehicles.
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 most cases, if a home was purchased by one partner before the marriage occurred, it would be considered a non-matrimonial asset. Non-matrimonial assets are normally considered the property of the person who purchased it, but that is not always the case.
In North Carolina, there are no laws limiting where parents with joint or sole custody can move with their children. Instead, moving is dictated by separation agreements and custody orders. These court orders may set limits on how far you can relocate from the other parent.
People who are married or in a civil partnership have an automatic legal right to most assets owned by their partner, including their home. However, for parties who are not married, the law surrounding the ownership of property and assets is strict and can be brutal.
In all divorces, North Carolina clearly mandates that one spouse must leave the marital home. This is because in order to become eligible for a divorce in the first place, both spouses must live apart for a period of one year.
In many ways, when you started living together, then becomes relevant instead of the date you married. Case law in this area is unclear, for example twenty years ago, anything around 20 years duration was seen as long, but these days, it can be as short as 5 years.