Almost Divorced is Still Married

Marriages can sometimes begin on a romantic impulse, but in North Carolina they never end that quickly. The law requires a full year of separation — presumably to give the parties time to repent, reconsider, and reconcile. A year is a long time to wait for parties who have no such inclination.

Sometimes the year goes by so slowly the parties kind of forget they aren’t quite divorced yet. Going down to the courthouse feels like a a minor formality, and kind of a nuisance at that. You have to take a morning off work .. drag yourself downtown .. and pay the court a couple hundred dollars, just to add insult to injury. “I’ll get around to it eventually,” both parties say, each hoping the other one will get around to it first and save them the trouble.

However, almost divorced is still married!  And a married person can’t sell or mortgage property — which also means, can’t refinance property — without the other party’s consent and signature.

YES, that means even if the other party’s name isn’t on the deed.

YES, that means even if the owner bought the property before the marriage.

YES, that means even if the property was an inheritance that had nothing to do with with the other party whatsoever anyhow!

That’s the law. A spouse has a legal interest in property owned by the other spouse, and “a legal interest” means a claim on the money, honey.

Be careful who you marry.  Just saying.   And if you’re divorcing, get it done.