What happens to the proceeds from the house sale if the divorce is still pending? – North Carolina Short Answer In North Carolina, selling the marital home before the divorce is final usually does not mean either spouse automatically gets to keep the money. In most cases, the net proceeds are treated as part of…
How can I force the sale of our home while we are separated but not divorced yet? – North Carolina Short Answer In North Carolina, a spouse who co-owns the home can often force a sale before the divorce is final by filing either (1) an equitable distribution case in District Court and asking the…
How does it affect the divorce if my spouse moves out of state during the separation? – North Carolina Short Answer In North Carolina, a spouse moving out of state during separation usually does not stop an absolute divorce, as long as the spouses have lived separate and apart for one year and at least…
Can a lawyer take my uncontested divorce if I live in a county outside their service area? – North Carolina Short Answer Yes—an attorney licensed in North Carolina can generally handle an uncontested divorce filed in a different North Carolina county. The bigger issue is practical, not legal: some firms choose to limit the counties…
Do I have to wait until the divorce is final before I can ask the court to order the home sold? – North Carolina Short Answer No. In North Carolina, a spouse can often ask a court to address a sale of a co-owned home before the divorce is final, but the best route depends…
Where do I have to file an uncontested divorce if my spouse and I live in different counties? – North Carolina Short Answer In North Carolina, an uncontested divorce (absolute divorce) is generally filed in the county where either spouse resides. That means if spouses live in different counties, the case can usually be filed…
Can I file something to make my spouse sell the house if they refuse to agree? – North Carolina Short Answer Yes. In North Carolina, a co-owner can usually file a court action that asks for the home to be sold and the proceeds divided, even if the other co-owner refuses to sign a listing…
What happens if we start with a simple divorce but later disagree about property or support? – North Carolina Short Answer In North Carolina, an “absolute divorce” case can start out simple and later become contested if a spouse files claims for equitable distribution (property/debt division) or spousal support (postseparation support or alimony). The biggest…
How long does a simple divorce usually take from filing to final order? – North Carolina Short Answer In North Carolina, a “simple” (uncontested) absolute divorce often takes about 45–90 days after filing to reach a signed final judgment, assuming the spouse is served promptly and nothing is contested. The biggest built-in timing issue is…
Can a lawyer prepare the divorce paperwork for us without going to court? – North Carolina Short Answer Yes. In North Carolina, a lawyer can prepare (and file) the paperwork for an uncontested absolute divorce, and in many counties the divorce can be finalized without either spouse making an in-person court appearance. Even so, the…