Navigating the Divorce Process in North Carolina
North Carolina has divorce laws that are unique and different from what many people know about divorce. Working with an experienced divorce attorney is the easiest way to ensure your separation and divorce meet the state’s requirements, but being informed about the statutes and the process can help you make the best decision about your next steps.
Separation Before Divorce
North Carolina requires spouses to be separated for more than one year before filing for divorce. Technically, you must be separated for one year and one day. Separation means living apart in different residences and at least one spouse intends to remain permanently separated.[1] It is not necessary to have a formal separation agreement, although it can be helpful for many couples.
Some states allow couples to file for divorce before one year of separation if they are seeking a fault-based divorce. However, North Carolina does not offer that option. A no-fault divorce is the only option in the state and requires the spouses to be separated for more than a year.
Filing for Divorce
Once you have been separated for 366 days, you can file for an absolute divorce. At least one spouse must have resided in North Carolina for at least the past six months, and one spouse must still live in the state to be eligible for divorce. There are a number of documents you will need when filing, including a divorce complaint, summons, and affidavit. You will also need to pay the filing fee, which varies from court to court.
Married couples often accumulate property over the duration of the marriage and fight over who gets to keep the common property. Equitable distribution
is a process in which the court will decide the best way to divide marital property. You or your spouse must ask the court for an equitable distribution of your property and debts, as it is not an automatic process. Once one party requests an equitable distribution, a judge will determine what property qualifies for division and decide how it should be distributed.[2]
There are three types of property, and not all property can be divided. Marital property is generally any assets or debts acquired during the marriage, with some exceptions. Separate property belongs to only one spouse, often because it was owned before the marriage. Divisible property is acquired after separation. Separate property is not subject to equitable distribution, but marital property is, and divisible property may be.
Divorce can be an incredibly difficult process that drains you emotionally, physically, and financially. Ley Law understands the challenges you face during this time, which is why we offer payment plans and the support of a compassionate and responsive legal team. Call us at 252-612-0007 to schedule your consultation.
[1] North Carolina Judicial Branch. Divorce and Separation. https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
[2] North Carolina General Statutes §50-20. https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_50/gs_50-20.pdf
