Atlanta, GA asked in Divorce for North Carolina

Q: Me and my wife are getting a divorce and we have no kids and no property . What can happen if we both make 40,000

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1 Lawyer Answer
David Allan King
David Allan King
  • Raleigh, NC
  • Licensed in North Carolina

A: In theory, if there is no property, alimony, debt, children, etc. to argue over, one spouse would move out and you'd file for divorce after one year of living in separate homes.

In practice, many spouses claim they have no property and this is never the case. Almost everyone has at least a bank account their paychecks go into, transportation like a car (or even a bicycle), etc.. Even the clothes on your back are technically marital property.

That being said, many spouses agree that they will each walk away from the divorce with whatever property is in their name/possession and sign a very simple separation agreement when there isn't a lot of property to fight over.

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