Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In North Carolina, individuals contemplating the end of their marriage have several options. Divorce is the formal legal process to dissolve a marriage, and in NC, couples must live apart for at least one year before they can file for divorce. During this separation period, parties often consider or engage in marriage counseling to potentially reconcile or to cope with the transition. Legal separation is not formally recognized in NC as a distinct legal status like it is in some other states; however, the separation period is a prerequisite for divorce. Annulment is available but only under limited circumstances, such as cases of bigamy, incest, or if the marriage was entered into under duress, fraud, or with one party being underage or mentally incapacitated. Each of these alternatives can have significant financial implications, such as the division of marital assets and debts, and may affect spousal support and child custody arrangements. It is advisable for individuals to consult with an attorney to understand the legal and financial consequences of their choices.