How To Start the Divorce Process in North Carolina?
Divorce can be a complex and emotionally challenging process, influenced by numerous personal and financial aspects that require close consideration before finalization. Additionally, each state has distinct regulations and procedures for filing that can impact the overall experience.
In the guide below, you will find valuable information designed to help you take the first steps in the divorce process in North Carolina.
Separation and Residency Requirements for Divorce in North Carolina
In North Carolina, to qualify for a divorce, both partners must have lived “separate and apart” for at least one year, meaning they must reside in different living spaces. Simply having separate bedrooms in the same home does not meet this condition.
In addition, at least one spouse must consider the separation permanent. If there are doubts about fulfilling the separation requirement, the presiding judge will assess the overall context, including living arrangements, separation duration, and interactions between the spouses during this period.
What Are the Grounds for Divorce in North Carolina?
North Carolina operates under a “no-fault” divorce system, meaning neither spouse needs to establish wrongdoing or misconduct by the other party to initiate divorce proceedings. This no-fault approach simplifies the divorce process, allowing couples to move forward without needing lengthy court battles over allegations of fault. While issues such as division of property, alimony, and child custody may still need to be addressed, the absence of fault reduces the emotional and legal complexities of filing for divorce.
How Do You File for Divorce in North Carolina?
Taking on the divorce process in North Carolina requires understanding two main types: uncontested and contested divorces.
Uncontested Divorce
An “uncontested divorce” occurs when both spouses mutually agree on all essential elements of the divorce, including the division of marital property, child custody arrangements, visitation rights, and alimony (spousal support).
This agreement is typically formalized in a marital settlement agreement, detailing how these matters will be settled without court involvement. Consequently, uncontested divorces tend to be more efficient, resulting in faster resolutions and significantly lower legal expenses, as they avoid lengthy court appearances or disputes.
Contested Divorce
A “contested divorce” occurs when the spouses disagree on one or more critical issues, such as asset division, child support, or custody arrangements. In these cases, the spouses may need to seek the court’s intervention to settle their disputes, which can prolong the process and increase legal fees due to the complexity of hearings and potential litigation.
Filing for Divorce
To file for a divorce in North Carolina, one spouse must meet the residency requirement of living in the state for at least six months before filing. The divorce documents, which consist of a complaint for absolute divorce along with any related custody or support papers, should be filed with the clerk of court in the county of either spouse’s residence.
After the filing, the other spouse needs to be served with the divorce papers to ensure they are aware of the proceedings. Once the necessary paperwork is completed, the court will schedule a hearing for contested cases or may grant the divorce based on the submitted agreements in uncontested cases. However, the judge must first examine and approve the marital settlement agreement in uncontested divorces before issuing the final divorce decree.
Contact Stephen E. Robertson Law Office To Learn More About the Divorce Process
If you are considering filing for divorce in North Carolina but want further information about the process and what it entails, contact the Stephen E. Robertson Law Office today. Our experienced North Carolina divorce attorneys can review your case, answer your questions, and go over the legal options you have.