North Carolina imposes laws in relation to divorce of which most petitioners could not be aware. For instance, if they wish to acquire the marital home through the divorce, they should not leave it before they file the divorce petition. In basic, leaving without just cause could forfeit their rights to the property and could result in the spouse residing in the home to claim abandonment. In these cases, it is possible for him or her to acquire alimony. If you are unsure of how to proceed in a divorce case, you can visit http://meeklawfirm.com today to find more answers.
Understanding Divorce Rulings in North CarolinaAs lawyers in charlotte nc will tell you, although the state requires the equitable division of the marital estate, the court can rule in favor of the other spouse under certain circumstances. For instance, even if a spouse is the victim of domestic violence, if she or he leaves the home without taking the necessary legal steps, the other spouse could contest the divorce or file first with other fault-based grounds. If you are the victim of domestic violence by your spouse, you should contact an attorney to acquire an order of protection. The order will require him or her to leave the home for your protection.
Spouses who are accused of adultery should not admit to these actions. Adultery is an illegal act in North Carolina and will result in an unequal division of property and could lead to acquisition of alimony. Unless the plaintiff has solid evidence of these allegations, she or he will not receive the benefits of these grounds. If you believe your spouse may file for a divorce on these grounds you should contact the Meek Law Firm for further assistance. By taking possession of certain assets during the separation, you have more leverage. If you leave these items in the marital home, it is less likely that you will acquire them through the divorce. Furthermore, your spouse could sell them without your knowledge and hide the proceeds. If you have any properties that are in your name only, you should also acquire the deeds and place them where your spouse cannot gain access to them.
These self-protective measures could allow you to keep more of the marital assets and prevent your spouse from taking action to acquire them. Although the court will assign ownership of items such as furnishings, artwork, and more, there isn’t a guarantee that you will acquire these items after the divorce is finalized. Your spouse could refuse to return them to you. When this is the case, you would need to file a formal complaint for contempt. This could lead to even more costs for you and there isn’t a guarantee that you will receive the items after further court orders. If you need advice about self-protective measures, you can contact the Business Law Firm Charlotte NC today.