No-fault divorces are the most common option in North Carolina: the spouses decide to separate, live apart for at least 12 consecutive months, and then proceed with the final divorce. However, in some cases, you may decide to push for a fault-based divorce because of your spouse’s misconduct. In those cases, a Gastonia fault-based divorce lawyer could prove essential in protecting your rights.
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The state allows fault-based divorce on several grounds.
The bed and board separation process occurs when one spouse engages in several types of misconduct, including:
This type of separation does not finalize the divorce process. However, a bed and board separation can have a significant impact on property division and alimony.
Abuse, adultery, and other types of marital misconduct can also be used as grounds for fault-based divorce in Gastonia. These at-fault divorces can also have an impact on property division and alimony under state law.
During a fault-based divorce, both spouses need an attorney to protect them as they pursue the divorce and create a fair separation of assets. A Gastonia fault-based divorce lawyer could help their client work through that process and protect their rights.
State law requires the equitable distribution of marital assets in a divorce. This does not mean each spouse receives an equal share, but instead a fair division. For example, each spouse may retain their own vehicle from the marriage, regardless of its value.
In a fault-based divorce, the court may consider factors such as money one spouse wasted during the marriage or assets that spouse devalued.
Spousal support provides financial assistance to help lower-earning spouses maintain their standard of living during a divorce or separation. In a fault-based divorce, misconduct may influence support amounts. For example, a spouse who committed adultery may receive reduced support, while that spouse could also be required to pay more or provide support for a longer period to allow the other party time to stabilize financially. A Gastonia fault-based divorce lawyer could explain how fault may affect these outcomes.
Courts determine child support and custody based on the best interests of the child rather than the preferences of the parents. In some cases, such as infidelity, a fault-based divorce may have little effect on custody or support decisions. In other cases, including abandonment or abuse, the grounds for divorce could influence parenting time or custody arrangements. A Gastonia fault-based divorce lawyer may provide guidance to help parents understand their child’s rights and the steps necessary to protect them.
When you find yourself in the middle of a complex fault-based divorce, a Gastonia fault-based divorce lawyer could help you understand your rights and aid you in pursuing the full support you deserve. At the Law Offices of Regina M. Taylor, you will receive the support you need to navigate asset distribution, separation, spousal support, and more. Contact us today for a consultation.
