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North Carolina has divorce laws that are unique and unlike what many people know about divorce. Working with an experienced divorce attorney is the simplest way to ensure your separation and divorce meet the state’s requirements, but being informed about the statutes and process can help you make the best decision about your next steps.
Separation Before Divorce
North Carolina requires that spouses are separated for over one year before filing for divorce. Technically, you must be separated for one year and one day. Separation means living apart in different residences with at least one spouse having the intention to remain separated permanently.[1] You are not required to have a formal separation agreement, although it can be helpful for many couples.
Some states allow couples to file for divorce prior to one year of separation if they are filing for fault-based divorce. However, North Carolina does not offer that option. A no-fault divorce is the only choice in the state, and it requires that the spouses be separated for over one year.
Filing for Divorce
Once you have been separated for 366 days, you can file for an absolute divorce. At least one of the spouses must have resided in North Carolina for at least the last six months, and one spouse must still live in the state to be eligible for divorce. There are a number of documents that you will need when you file, including a divorce complaint, summons, and affidavit. You will also need to pay the filing fee, which varies from court to court.
Equitable Distribution
Married couples often accumulate property throughout the duration of their marriage and fights over who gets what are common. 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 assets and debts, as it is not an automatic process. Once one party applies for equitable distribution, a judge will determine which 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 asset or debt that was acquired during the marriage, with a few exceptions. Separate property belongs to only one spouse, often because it was owned prior to marriage. Divisible property is acquired after separation. Separate property is not subject to equitable distribution, but marital property is, and divisible property can 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] NC General Statutes §50-20. https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_50/gs_50-20.pdf
Clark Jones Author
G. Clark Jones, CEO of Ley Law, has built a distinguished career in Criminal Defense and Family Law across Eastern North Carolina, known for his dedication to clients and his commitment to achieving justice. Graduating Magna Cum Laude with a Bachelor of Science in Family Community Services from East Carolina University in December 2016, Clark pursued his Juris Doctor degree at J. Reuben Clark Law School, Brigham Young University, completing it in December 2019.
