North Carolina Divorce Laws – What You Need to Know!
Deciding that your marriage is over can be difficult. The divorce process in North Carolina can be complex, especially when child support, child custody, spousal support and property division are part of the divorce petition. This is why the advice of an experienced family law attorney can be quite valuable.
What Are the Residency Requirements for a North Carolina Divorce?
Either you or your spouse must be a resident of North Carolina for six months before filing for divorce. The divorce may be filed in the county where either spouses lives. Where you and your spouse were married does not matter.
What Are the Grounds for Divorce in North Carolina?
There are two grounds for divorce in North Carolina. The first is that the couple has been separated for a year. This means that you and your spouse have to have lived in separate residences and that at least one of you has the intent to remain apart and separate. The second grounds for divorce is for incurable insanity suffered by a spouse and a three-year separation.
What Is the Difference Between a Contested and Non-Contested Divorce?
An uncontested divorce may be filed in North Carolina when both parties agree on all areas of the divorce or if the respondent does not sign the divorce papers or file an answer to the divorce petition. When this occurs, the petitioner can ask the judge to grant the divorce.
A contested divorce occurs when the couple cannot agree on the terms of the divorce. The respondent can file papers with the court in which he or she can lay out the reasons why he or she does not agree. There will be a series of hearings held in which the couple must sort out their differences or the judge will ultimately decide.
When Are Property Division, Child Support, Child Custody and Alimony Determined?
In many cases, property division and alimony are determined in a legal separation agreement. These areas of the divorce must be finished before a divorce in North Carolina can be granted. Child support and child custody are also determined before the divorce is granted. In many cases, one spouse must ask the court to determine child support and custody issues during the period of separation. This means that the custodial parent does not need to wait a year to begin receiving child support, for the division of property or alimony payments.
As you can see, the process of divorce in North Carolina is time-consuming and complex. This is why it is advisable to seek the advice of a family law attorney. You have rights during your separation and during the divorce process, as do your children. While filing for divorce by yourself is allowed, the consequences of mistakes can be high and long-lasting.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Divorce Articles
- What Documents and Supporting Information are Required to be Submitted with a Divorce Petition in North Carolina?
- When is Spousal Support or Alimony Awarded in North Carolina?
- What are Grounds for Divorce in North Carolina?
- What are the Laws in North Carolina about How Marital Property Will be Distributed After Divorce?
- What are the Residency and Filing Requirements for Divorce in North Carolina?