Call Us
910-338-0799
Divorce Overview
Divorce in North Carolina Overview
How to Begin a Divorce in North Carolina
When we are considering separating from our spouse and filing for divorce, it’s natural to feel anxious. Not knowing our legal options and thinking about numerous meetings with an attorney can seem intimidating. Moreover, the internet isn’t always helpful on this topic. There is a lot of legal terminology on lawyer websites, which can confuse us even more.
In reality, all we need is something that we can clearly understand. That’s exactly what this article will do - explain divorce in North Carolina in simple terms.
Absolute Divorce
If you or our spouse have lived in North Carolina for a minimum of six months, and we have been separated for a minimum of a year, either of us can get an “absolute divorce.” That means we can get legally divorced. However, since we can get divorced before taking care of other matters, such as property division, child custody and support, and spousal support, the term can be a bit confusing. If you are in the greater Wilmington, NC area and are in need of a Divorce Attorney, we are here to support you.
Mediated Divorce
An alternative to traditional divorce litigation is divorce mediation. In order to help both sides resolve their differences, a mediator helps the two parties communicate. Moreover, the mediator proposes solutions and provides information that could be helpful. When the mediation process is finalized, we should have a customized divorce agreement that we can then submit to the court.
Both spouses can come to a mediating session with an attorney. Another option is that an attorney-mediator or a neutral attorney provides both sides with all the necessary information about their legal rights. However, a neutral attorney is not to advise either our spouse or us. Also, a mediating session can take place even without any attorneys present; the assistance of a transformative or a facilitative mediator will suffice.
When it comes to divorce mediators, there are two main types. A divorce mediator can be an attorney who is experienced in divorce cases or a professional mediator (who isn’t an attorney) who has been trained in the area of family court matters.
When compared to litigation, divorce mediation can be notably less expensive, and less stressful, too. Moreover, people are more likely to respect mediated agreements than those imposed by court orders.
No-Fault Divorce
Certain states in the U.S. are “no-fault” divorce states; North Carolina is one of them. That means that if we have been separated from our spouse for at least a year, and we are residing in North Carolina, we get can a divorce.
Spouses don’t have to state a reason or fault that lead to the end of their marriage. But, that doesn’t mean the court won’t consider the conduct of both spouses when the time comes to grant custody, divide property and debts, and decide if one spouse should financially support the other.
Learn how to start a divorce in North Carolina
Divorce from Bed & Board
A divorce from bed and board is just a judicially authorized separation. So, if we obtain a divorce from bed and board, we are not legally divorced.
We can get a “divorce” like that in the following cases:
- We abandon our spouse or vice versa
- We throw our spouse out of the house, or vice versa
- There has been domestic violence
- There is evidence of “indignities”
- One spouse is abusing alcohol or drugs
- One spouse has engaged in adultery
Contested Vs. Uncontested Divorce
If our spouse and we cannot agree on certain details of the divorce, that’s a contested divorce. In most cases, spouses cannot agree on the custody of the children, financial spousal support, or how to divide assets and debts. Furthermore, if spouses own a business together, or have sizeable property, there’s often a dispute about the estimation of that business or property.
On the other hand, if we have agreed with our spouse on all possible matters and entered into a Separation Agreement, that’s an uncontested divorce. Although the practice is beneficial for both parties, and it is wise to file this agreement and incorporate it into the final divorce judgment, that does not always happen. But, if we don’t have children, spousal support isn’t an issue, and we don’t own a lot of property, an uncontested divorce could be a likely outcome.
Collaborative Divorce
In order to reach an agreement, more and more divorcing couples are choosing a collaborative divorce. This type of divorce allows us to negotiate and come to an agreement. Attorneys with experience in collaborative divorce process and mediation, a neutral financial specialist, and/or divorce coaches usually assist us in the process.
Before we make a decision, we should take our needs and interests into consideration; to make the best decision possible, we will be provided with all the information needed, as well as professional support. In addition, it’s important to note that once we enter into a collaborative divorce, our attorneys won’t be allowed to represent us in contested litigation if the collaborative process ends prematurely.
If we fail to reach an agreement in the process of collaborative divorce, all the information and documents that we’ve exchanged during the process can be used in future legal proceedings, since the collaborative process isn’t confidential by nature.
Also, as there are no set timelines, it might take a while before we manage to complete the divorce using the collaborative method. Still, if money is a concern, collaborative divorce can be a good solution; it costs less than mediation or regular divorce.
Now is the time to take action & get some help.
Other Things to Consider
- As a dependent spouse who is sued for divorce, we must state our reasons for alimony in divorce in order to obtain it. We can also assert a claim for alimony in other pending actions prior to the divorce and thus preserve our rights. If an action is pending, that means the alimony claim or counterclaim was filed, and it still hasn’t been dismissed as of the entry date of the divorce judgment.
If we fail to state our reasons for alimony before we enter a divorce judgment, and if the action isn’t pending at the time we are granted the divorce, we won’t be able to assert an alimony claim.
Division of Property
In order to preserve our distribution claim after the absolute divorce, we need to file an equitable distribution claim before we enter the divorce judgment, and make sure that it has been left pending.
There’s one exception to this rule, though. If we were served by publication and we failed to appear in the divorce process, we can file a motion or bring action for equitable distribution up to six months after the date of the divorce judgment.
In all other cases, if we fail to assert a claim for equitable distribution before we enter a divorce judgment, we won’t be able to assert it afterward.
Name Change
In North Carolina, we can change our last name in the case of divorce. We could ask for a name change when we file our divorce complaint or when we answer to our husband’s complaint.
Women can resume their maiden name, take the name of a former husband if they have a child who carries his surname, or take back the last name of their earlier deceased husband.
If we decide to change our name in the divorce process, we won’t have to pay an additional charge. However, if we want to change our name after the divorce, we need to show our divorce judgment to the court clerk and pay a very small fee.
Then, we will be allowed to have one of the name changes mentioned in the previous paragraph. We can take back our maiden name, the name of an earlier husband with whom we have a child with that same last name or the name of an earlier deceased husband.
Taking The Next Step
If you have pressing questions about alimony and are ready to get this issue sorted out, please do not hesitate to schedule a consultation with us right away. We can help you grasp the specific details of your alimony case, providing the best solution on your behalf.
Contact info
1015 Ashes Drive, Suite 104, Wilmington North Carolina 28405
910-338-0799