You may have heard that Blake Shelton and Miranda Lambert are divorced after he filed divorce documents just 2 weeks before it all became final. After 4 years of marriage and allegations of adultery from both sides, the divorce was signed by a judge in Oklahoma earlier this week.* Many are wondering, how can a couple get divorced that quickly? Did they have time to try to fix their problems?
According to Title 43, Section 101 of the Oklahoma Statutes, a divorce is granted only on a basis of fault. While states like North Carolina do not require that either party was at fault to grant a divorce, Oklahoma requires one spouse to show that the other engaged in one of the following:
- Abandonment for one year
- Adultery
- Impotency
- Wife is pregnant by another man while married
- Extreme cruelty
- Fraudulent Contract
- Incompatibility
- Habitual Drunkenness
- Gross neglect of duty
- Imprisonment for a felony
- Divorced in another state
- Spouse insane for 5 years
In North Carolina you must only show that:
- You and your spouse have lived separate and apart for one year
- AND least one of you intended to end the marriage when you left the marital home.
Keep in mind that you must file for alimony, post-separation support, and a distribution of the property before your divorce is finalized otherwise you lose these claims forever.
There are also issues that may arise if you and your spouse reconciled during the separation, if someone cheated or engaged in "marital fault," or had children during the marriage so be sure to contact an attorney before filing any documents. Calculating alimony and post-separation support will also require the assistance of an attorney so be sure to submit any questions to my email below.
Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com
We assist clients in the following areas:
Orange County, NC
- Cary, NC
- Chapel Hill, NC
- Carrboro, NC
- Hillsborough, NC
- Mebane, NC
- Efland, NC
Durham County, NC
- Durham
- RTP
- Bahama
- Rougemont
*See www.tmz.com article by TMZ Staff, "Blake Shelton, Miranda Lambert OFFICIALLY SINGLE Judge Signed Off on Divorce," http://www.tmz.com/2015/07/20/blake-shelton-miranda-lambert-divorce-judge-single.
**Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.
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