Divorce is a legal process that can dissolve a marriage in the eyes of the law. It can be a complicated and emotional process, especially if one spouse is currently serving a life sentence in prison. In North Carolina, the laws surrounding divorce can vary based on several factors, including the reason for the divorce, the duration of the marriage, and more. In this article, we will explore the possibility of divorce when one spouse is serving a life sentence in North Carolina.
Understanding North Carolina Divorce Law
North Carolina is what’s known as a "no-fault" divorce state. This means that neither spouse has to prove fault in order to obtain a divorce. Instead, the grounds for divorce are typically based on the couple’s separation. In order to obtain a divorce, a couple must live “separate and apart” for one year and one day. Alternatively, they could live separate and apart for six months if they sign a separation agreement and do not reconcile during that time.
However, if a spouse is serving a life sentence, the divorce process may become more complicated. North Carolina law allows a legal separation for one year and one day before filing for divorce. The courts will allow parties to have a formal property settlement and even a child custody order at the time of separation; however, the judge will not issue the divorce decree until the required amount of time has passed.
Filing for Divorce When Your Spouse Is In Prison
If your spouse is currently serving a life sentence in North Carolina, you can still file for divorce. However, the process may be more complicated, especially if you are seeking spousal support or a property settlement. In many cases, the incarcerated spouse will not have any assets to divide, particularly if they are serving a life sentence.
It is important to note that you will need to serve your spouse with the divorce papers, even if they are in prison. Depending on the state where they are incarcerated, you may need to hire a private process server or use certified mail to serve the papers. You may also need to fill out additional forms to prove to the court that your spouse has been properly served.
Seeking Spousal Support or Child Custody
If you are seeking spousal support or child custody from your incarcerated spouse, the court will consider your request. In North Carolina, the court considers several factors when determining spousal support, including the duration of the marriage, the financial resources of each party, and more. However, it can be challenging to obtain spousal support from a spouse who is serving a life sentence.
If you are seeking child custody, the court will consider what is in the best interests of the child. This could include a determination of the incarcerated parent’s ability to provide for the child’s physical and emotional needs. Depending on the circumstances of the case, the court may decide that it is not in the child’s best interests to have contact with the incarcerated parent.
Conclusion
In North Carolina, it is possible to obtain a divorce when one spouse is serving a life sentence. However, the process can be challenging, especially if you are seeking spousal support or child custody. It is important to work with an experienced family law attorney who can guide you through the process and help you understand your options. By working with a qualified attorney, you can protect your rights and move forward with your life.