Divorce in North Carolina in 5 Minutes

No one plans to end a marriage in divorce, but it happens. Divorces aren’t just difficult on a personal level; they also raise a range of financial and legal questions. For couples living in the state of North Carolina, this guide will show how matters such as child custody, child support, alimony, and property division are handled during a divorce.

Eligibility Requirements

Before filing for a divorce in North Carolina, you must live in the state for six consecutive months. More importantly, though, you and your soon-to-be ex-spouse must have lived apart for one full year beforehand. Though there’s a $225 filing fee, you can request to have it waived if it’s unaffordable.

Grounds for a North Carolina Divorce

Though you don’t have to give a reason for wanting a divorce, fault is relevant in limited circumstances. Known as a divorce from bed and board, this allows the court to order a separation before the divorce becomes final. Judges will consider a divorce from bed and board in these instances:

·Abandonment

·A forced departure from the marital home

·Cruel and intolerable treatment

·Adultery

·Substance abuse problems

After you’ve lived apart from your spouse for one year, you can file for a divorce in North Carolina. The first thing to do is to file a complaint with the clerk of the county court. From there, the sheriff’s office will serve the complaint to the other party.

Dividing Assets During a Divorce

The state considers property acquired by either spouse during the marriage to be marital property, which means that spouses have equal rights to it during the process. Any debts amassed during the marriage are included in the marital estate as well. Conversely, any assets inherited or obtained before a marriage are considered separate, being owned only by the person who acquired it. In most divorces, property is divided equally between spouses, but the courts will consider the following factors to ensure an equitable distribution.

·Both parties’ income

·The spouses’ assets and debts

·Their spousal and child support obligations from previous marriages

·The duration of the marriage

·Who remains in the family home

·How hard each spouse worked to earn the asset in question

·The liquidity of an asset

The courts don’t consider the reasons for the divorce during the division of property. The only time these actions are considered is if a spouse’s misconduct diminished the value of the marital estate.

Child Custody, Child Support, and Spousal Support

In the state of North Carolina, both parents are legally and financially responsible for their children’s support, regardless of who has custody. A non-custodial parent must continue to make support payments until the child reaches the age of 18, or age 20 for children in secondary school. The state’s laws also allow for alimony or spousal support, and the courts consider these factors:

·Spouses’ marital misconduct

·Both spouses’ earning potential

·Both spouses’ health and age

·Income sources

·Either spouse’s support for the other’s education and career

·The effects of child custody on either spouse’s income potential

Divorce and child custody are separate but equally important matters, and a “victory” in one area doesn’t mean that you’ll prevail in another.

The Bottom Line

To get a divorce in North Carolina, you must live separately from your spouse for a year and be a resident for at least six months before filing. Though spouses’ actions don’t matter during the division or property, they may be relevant when child custody and spousal support are determined. A local family lawyerwill be able to give you the legal guidance you need.