The Divorce Process in North Carolina: What You Need to Know

Divorce can be a complex and emotional journey, but understanding the process can help you navigate it with confidence. In North Carolina, divorce laws have specific requirements and procedures that you must follow. Below is an overview of what to expect when seeking a divorce in North Carolina.

Residency Requirements

To file for divorce in North Carolina, either spouse must have been a resident of the state for at least six months prior to filing. This ensures that the case falls under North Carolina jurisdiction.

Separation Requirement

North Carolina requires a one-year separation period before a couple can file for an absolute divorce. During this time, the spouses must live separately, with at least one party intending for the separation to be permanent.

Filing for Divorce

Once the separation period is met, the process begins with filing a Complaint for Absolute Divorce with the court in the county where either spouse resides. The other spouse must be served with the divorce papers, typically via certified mail, sheriff, or process server.

Grounds for Divorce

North Carolina is a no-fault divorce state, meaning you do not need to prove wrongdoing by either party. The only requirement is that the couple has lived separately for at least one year with no intent to reconcile.

Property Division

North Carolina follows equitable distribution laws, which means marital assets and debts are divided fairly but not necessarily equally. Spouses may reach an agreement on asset division, or the court may intervene if disputes arise.

Alimony and Spousal Support

Spousal support is not automatically granted in every divorce case. The court considers factors such as income disparity, length of the marriage, and contributions of each spouse before deciding whether alimony is necessary.

Child Custody and Support

If children are involved, custody and support arrangements must be determined. North Carolina courts prioritize the best interests of the child when deciding custody, and child support is calculated based on state guidelines.

Finalizing the Divorce

After filing and serving the divorce complaint, the court will schedule a hearing. If all requirements are met and no disputes remain, the court will grant the absolute divorce, legally ending the marriage.

Get Legal Guidance

Divorce can be a challenging process, but having the right legal support makes a significant difference. If you are considering divorce in North Carolina, contact our office today for expert guidance and representation tailored to your unique situation. We gladly serve all of Eastern North Carolina (Pitt/Craven/Wilson/Greene/Lenoir/Wayne/Craven/Beaufort/Halifax/Northampton/Hertford/Washington/Martin/Perquimans/Jones Counties) with all family law needs!