Can I file for divorce if my spouse already filed?

Can I file for divorce if my spouse already filed?

Usually, the person who filed the second case will ask the judge to dismiss it, and the divorce will proceed in one court only. Usually when two spouses file for divorce in two different counties or states, the spouse who files first can succeed in having the other spouse’s case dismissed.

Do you have to be legally separated to get divorced in NC?

In NC you must be separated for at least one full year before you can file for divorce. However, property acquired and debts incurred during the separation are treated differently than the property and debt accumulated while together during a marriage.

What if spouse doesn’t sign divorce papers in NC?

If a spouse refuses to sign divorce papers, depending on which state you’re in, this is called an uncontested divorce. In North Carolina, the courts will grant divorces if the couple has lived apart for at least one year. After a year, either spouse can begin the divorce process by filing a complaint for divorce.

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

North Carolina courts often award alimony, also called spousal support or spousal maintenance, to help the dependent spouse maintain his or her lifestyle following a divorce. The payment may be temporary, and determined to be paid in one lump sum or periodically over a set term of months or years.

What is considered abandonment in a marriage in NC?

Spousal Abandonment in North Carolina. Spousal abandonment occurs when one spouse ends the marital cohabitation without justification or provocation, without the consent of the other party, and without any intent to resume the marital relationship.

Can I move out of my home during a divorce?

Legally, your spouse can’t force you to move out of the house in most cases—nor can you force them to move out. This is especially true if your spouse was the one who filed for divorce in the first place.