Divorce is a complex legal process that involves several key steps and considerations. Understanding the state's specific laws and procedures can help you navigate the process more effectively if you are going through a divorce in North Carolina. This guide provides an overview of the essential aspects of divorce in North Carolina.
You must meet the following criteria before you or your spouse can file for divorce in North Carolina:
To file for divorce in North Carolina, either spouse must have lived in the state for at least six months before filing. Additionally, the divorce must be filed in the county where either spouse resides.
North Carolina requires a mandatory separation period of one year before a divorce can be finalized. During this time, the couple must live separately without resuming marital relations.
North Carolina is primarily a no-fault divorce state, meaning that the only requirement is a one-year separation period. However, in cases of incurable insanity, a divorce may be granted after three years of separation.
In general, these are the steps to a North Carolina divorce:
The cost to file for divorce in North Carolina varies by county, but the general filing fee is approximately $225. Additional fees may apply for serving papers or filing motions. If you cannot afford the fees, you can apply for a fee waiver.
North Carolina follows an equitable distribution approach to dividing marital property, meaning assets and debts are divided fairly but not necessarily equally. Courts consider several factors, including:
Marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property, which is typically not subject to division, includes:
Marital debts, including mortgages, loans, and credit card balances, are also divided equitably. The court considers each spouse’s ability to pay and who benefited from the debt. If one spouse racked up more debt irresponsibly, such as through gambling, the court may assign a greater share of that debt to them. (Read more: North Carolina General Statutes)
Spousal support in North Carolina may be awarded temporarily or permanently. The court considers factors such as financial need, standard of living, duration of the marriage, and each spouse’s contributions. More details can be found here: North Carolina Alimony Laws.
North Carolina courts prioritize the best interests of the child when determining custody. Child support is calculated based on:
North Carolina provides an online child support calculator: NC Child Support Guidelines.
North Carolina offers an "absolute divorce," which legally ends the marriage after the one-year separation period. No fault or wrongdoing needs to be proven – but you must meet strict criteria to qualify. Read about them here.
Annulments are rare but may be granted in cases of bigamy, underage marriage, or fraud.
Legal separation, known as a "Divorce from Bed and Board," is also an option but requires specific fault-based grounds. Learn more here: North Carolina Courts.
North Carolina allows e-filing for some divorce documents. Check with your county court for availability: NC E-Filing.
Divorce can be a challenging process, but understanding North Carolina’s laws can help you navigate it more effectively. Consulting an attorney or using legal resources can ensure your rights and interests are protected. Hello Divorce is here to help you every step of the way.