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
So, it seems that there is no waiting period of 6 months or one year as there is in other states before a divorce is granted. Just a showing that one person caused the divorce and it, therefore, should be granted.
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.
In North Carolina, a married couple can enter into an agreement after they have separated. This agreement generally includes terms regarding the amount and length of payments for spousal support and/or alimony and also distributes the debts and assets of the couple. It usually saves money in legal fees once the couple files for divorce as all of the financial issues have been handled in the separation agreement. However, because this agreement is a contract it may not be valid if either person commits fraud or coercion, the agreement was signed under duress, or the terms were illegal. 
