How to begin a divorce

How to Start Your Divorce in Wilmington, NC

How to Begin a Divorce in North Carolina

Much like in many other states, getting a divorce in Wilmington, NC often requires no legal aid. Be that as it may, even a “no-fault divorce” can turn into a complex affair. With this article, we’d like to teach you how to begin a divorce in North Carolina properly. 
Generally speaking, getting a divorce can be quite a confusing and emotionally draining experience, even when we’re sure about it. Therefore, it is of the utmost importance that we’re fully aware of what we’re getting into, as the process often requires discussing personal matters and finance.
Two Ways to Get a Divorce in North Carolina

1. The most common way, which we will discuss in detail in this article, is to prove that we have been separated from our spouse for over a year. The State of North Carolina defines this as an absolute divorce. 

2. The other way to obtain a divorce is to prove incurable insanity of our spouse. This way requires a minimum three-year separation as well as evidence that proves the spouse’s insanity. So, people seldom try to obtain a divorce by incurable insanity.
Seeing as every divorce case is different, we must bear in mind that the following guidelines should not be taken for granted. Experts will always advise that we seek legal advice from a trusted family law office. In any case, this is the basic outline of how to begin a divorce in North Carolina.  If you are ready to get legal help, please check out our office in Wilmington.

1. Getting Legal Aid

Although the state of North Carolina offers a “no-fault” divorce, getting some legal aid is a good investment. Namely, court clerks can’t give advice on matters such as alimony, spousal support, child custody, or division of property. If we have questions about any of the matters listed above, only an attorney can help us. Moreover, divorce laws in North Carolina are quite complex, and we want to make the situation as simple as possible.

Furthermore, experts often advise getting legal aid in case of adultery. Namely, not only is adultery illegal in North Carolina but also admitting it can have serious consequences. For example, if one of the spouses is a candidate for alimony, any illicit sexual behavior on the part of the other spouse can cause additional alimony payments. 
Therefore, turning to a trusted family law office will enable instant help whenever we need it during the process. Even if we don’t hire a full-time attorney to handle our divorce, seeking advice will be of great help.
2. Getting Physically Separated
 
In order to qualify for a divorce in Wilmington, North Carolina, a married couple must first go through a one-year period of physical separation. Basically, that means that the spouses should not live together. 

It is important to note, however, that one of the spouses simply moving out of the house will not suffice. Unless one of the spouses is violent, they should both remain in the house until they consult with an attorney. Namely, if we leave the house without a good reason, we may have to suffer the following consequences once the divorce is finalized:
  • Having to pay alimony
  • Not being able to collect alimony
  • Being unable to return to the house until the property is divided

In the state of North Carolina, the only way to ensure that the separation is legal and valid is to obtain a “divorce from bed and breakfast.” This form of separation does not entitle us to remarry. It does, however, open up the possibility of discussing child custody and support, asset division, and alimony.
We can obtain a “divorce from bed and breakfast” on any of the following grounds, given that our spouse:
  • Has abandoned us and/or the family.
  • Engages in cruel or barbarous treatment. 
  • Abuses drugs.
  • Has committed or is committing adultery.
  • Makes our living “condition intolerable and life burdensome.”
Under the condition that we have lived in North Carolina for at least six months, a year-long separation qualifies us for a dissolution of marriage. 
In the event of reconciliation - that is to say, in case we decide to move back in with our spouse, the twelve-month physical separation will reset to when we split again.

Learn more about divorce in North Carolina

3. Getting a Divorce

Before we file for divorce in Wilmington, NC, we need to make several other decisions. It is important that we settle the issues of child custody, spousal support, alimony, and division of property prior to filing the “absolute divorce” complaint. Otherwise, we might lose our rights in the process. 

Filing a Divorce Complaint 
When filing a complaint for a dissolution of marriage, we must do so with the court clerk of our county of residence. If we go ahead with hiring an attorney, they can file the notice on our behalf. Once we complete that step, our spouse will be served the divorce complaint via:
  • The county Sheriff or their deputy
  • Certified mail 

Mediation
In case we predict our divorce to be amicable, we can enter into mediation with our spouse. In fact, it is not uncommon for the court to order mediation. 
The purpose of mediation is to help a couple come to an agreement on matters such as child custody, alimony, etc. What’s more, thanks to mediation, spouses often reach the agreement in a less stressful setting than a courtroom. 
In any case, mediation has proven to be both time- and cost-efficient, especially when compared to a legal battle in court. 

Separation Agreement
Often the outcome of mediation, a separation agreement is a good way to settle issues of alimony, child custody and support, as well as division of assets. Negotiating is, in most cases, the safest and least stressful way to navigate through a divorce process. 

When we sign and notarize the separation agreement, we must understand that any court can enforce it. If, for example, we choose to enter into a consent order as part of our divorce, the court will enforce the separation agreement through the use of its power of contempt. 

However, we must also keep in mind that any terms of our agreement referring to child support and child custody can be subject to modification in court. Namely, New Hanover County Courts in Wilmington retain the right to make sure the separation agreements serve the child’s best interest.  Click here for a more exhaustive understanding of Legal Separation. 
Conclusion
 
In conclusion, we must remember that when filing for divorce in North Carolina, we must have been separated for at least a year after we have filed for a “divorce from bed an breakfast.” We must also be willing and ready to negotiate whenever that is possible. Finally, we should consider turning to a trusted family law office for advice and guidance. 

We honestly hope that turning to this manual for help on how to begin a divorce was helpful to you.  It is our aim to be your "go to" resource for legal help in regards to divorce in Wilmington, NC and surrounding areas.  Our caring team had open doors and and we are here to show compassionate.  We also have the team to get you the best possible result. Please don't hesitate to stop by or call us at 910-338-0799.

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Frequently Asked Questions

1. What are the basic steps to file for a divorce in North Carolina?

To file for a divorce in North Carolina, you will need to complete several steps. These include:

  • Preparing the necessary paperwork
  • Filing a complaint for divorce with the appropriate North Carolina judicial branch
  • Serving the divorce papers to your spouse
  • Attending any required hearings
  • Finalizing the divorce by obtaining a divorce decree from the court

2. Can I file for a divorce in North Carolina?

To file for a divorce in North Carolina, either you or your spouse must have resided in the state for at least six months before filing for divorce. You must also have lived separately from your spouse for at least one year before filing, or prove other grounds for divorce.

3. What is an uncontested divorce?

An uncontested divorce is a divorce where both parties agree on all important issues such as child custody, child support, spousal support, and division of assets. In an uncontested divorce, there is no need for a trial or court intervention, making the process quicker and less costly.

4. Can I get a divorce without an attorney?

While it is possible to get a divorce without an attorney, it is highly recommended to seek legal advice, especially if your divorce involves complex issues such as child custody, significant assets, or disagreements with your spouse. An experienced divorce attorney can ensure your rights are protected and assist you throughout the legal process.

5. What are the residency requirements for filing a divorce in North Carolina?

To file for a divorce in North Carolina, either you or your spouse must have been a resident of the state for at least six months before filing the divorce petition.

6. How long does it take to get a divorce in North Carolina?

The time it takes to get a divorce in North Carolina can vary depending on various factors such as court availability, the complexity of the issues involved, and whether the divorce is contested or uncontested. On average, it may take several months to over a year to finalize a divorce.

7. What is the difference between absolute divorce and divorce from bed and board?

An absolute divorce is a complete and final dissolution of the marriage, allowing both parties to remarry. On the other hand, a divorce from bed and board is a legal separation granted by the court, which does not end the marriage.

Taking The Next Step

If you are wondering how long the divorce process is going to take or how much the trial will cost you, please do not hesitate to schedule a consultation at our Wilmington Office. Our office is located at 1015 Ashes Drive, Suite 104, Wilmington. We can help you map out the details of your divorce, giving you a powerful defense. Please call to schedule a consultation.
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