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North Carolina law provides various remedies for failure to pay alimony. One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent.When those two requirements have been met, either party may file for an absolute divorce. So long as one party has resided in North Carolina for at least six months and so long as the parties have been separated for at least one year, the divorce will be granted.Subjects such as child custody and support, property division, spousal support, and possession of the marital residence may be agreed upon in a formal separation agreement.A lawyer should always be retained to prepare a separation agreement and supervise the signing (or to review an agreement prepared by the other spouse’s attorney).The only other ground for divorce in North Carolina is a spouse’s incurable insanity with a separation of three years. It is always wise to consult an attorney about a divorce, even though the divorce may appear to be simple and uncontested.Divorce cuts off the rights to alimony and equitable distribution.
If a party ordered to pay refuses to do so, the intended recipient may ask the court for an order holding the other party in contempt of court.
Never sign a contract without understanding the meaning and the legal impact of each provision.
What if my spouse refuses to sign the separation agreement?
Their decision regarding division of property must be included in a properly executed separation agreement that is signed by both parties with both signatures properly notarized. Post-separation support and alimony can be granted by the court when there is a need for spousal support.
The party requesting support must actually be dependent on the other spouse for support or substantially in need of such support.
Do we have to sign papers in order to be officially separated? You are legally separated when one or both of you vacates the former marital residence, and begin living separate and apart with the intention of at least one spouse for the separation to be permanent.