Divorce Laws in North Carolina

Everything You Need to Know About Divorce in North Carolina

When it comes to divorce, North Carolina offers both no-fault and fault grounds. But what does that mean for you and your spouse?

If you and your spouse have been living separately for a year with mutual consent, then you can file for a no-fault divorce in North Carolina. But if there are issues like abandonment, cruelty, or adultery, then a fault divorce may be your only option.

While no one wants to think about the possibility of divorce, it’s always a good idea to be prepared. So, let’s take a closer look at the divorce laws in North Carolina.

Divorce Grounds in North Carolina

• No-Fault Divorce Grounds: Living Separate and Apart without Cohabitation for One Year
• Fault Divorce Grounds: Incurable Insanity, Abandonment, Maliciously Turning the Other Out of Doors, Cruel or Barbarous Treatment, Offering Indignity to Render Spouses’ Condition Intolerable and Life Burdensome, Excessive Use of Alcohol or Drugs, and Adultery

While these grounds for divorce may seem daunting, it’s important to remember that you don’t have to go through this alone. By seeking the help of a qualified divorce lawyer, you can ensure that every stage of the complex process is handled with care and attention to detail.

So, whether you’re considering a no-fault divorce or need to file a fault divorce, don’t hesitate to reach out to a professional who can guide you through this difficult time.

North Carolina Divorce Laws: 

Divorce can be a difficult and emotional process, but understanding North Carolina divorce laws can make it a little easier. Here are the essential things you need to know:

• Residency: To file for divorce in North Carolina, you must meet the residency requirements. If the court does not have jurisdiction, your case may be dismissed.
• Documents Required: You will need a Complaint for Divorce and a Decree of Divorce to file for divorce in North Carolina.
• Property Distribution: North Carolina follows the principle of equitable distribution, meaning that marital property is divided fairly between the parties. The court encourages parties to reach a settlement on their own.
• Change of Name: A woman whose marriage is dissolved may take back her pre-marriage name.
• Mediation Counseling: If your divorce involves issues related to minor children, the court may require mediation before setting a hearing.
• Alimony: The court may order one party to support the other financially on a temporary or permanent basis, depending on the circumstances of the case.
• Child Custody: The court will always prioritize the best interests of the children, considering all relevant factors before making a decision.
• Child Support: North Carolina follows the Income Shares Model for calculating child support, dividing the monthly support amount proportionally based on each parent’s income.

Divorce is a complex process, and it’s important to have the right information and support. Consider contacting a professional divorce attorney or lawyer to help guide you through the process and ensure your rights are protected.

North Carolina Annulment Laws

Marriage is a beautiful bond, but sometimes things don’t work out as planned. When a marriage falls apart, couples may consider getting a divorce or an annulment. While divorce dissolves a valid marriage, annulment declares a marriage null and void. Here’s what you need to know about North Carolina annulment laws.

• • Incest

Let’s start with the most common North Carolina annulment ground. Incest is a taboo topic, but it’s essential to understand that it refers to the marital relationship between close blood relations, such as father-daughter, uncle-nephew, mother-son, etc. In other words, it’s a marriage between persons more closely related than first cousins. If this is your situation, North Carolina annulment laws allow you to get your marriage annulled, and you can remarry.

• • Marriage between Double First Cousins

Now, let’s talk about double first cousins. It’s a marriage between a set of two brothers and two sisters, or if a brother and a sister marries a sister and a brother and produce children. The children of these marriages are called double first cousins. In North Carolina, marriages between double first cousins are considered void. Therefore, if you and your spouse are first cousins, you can get your marriage annulled under North Carolina annulment laws.

• • Underage Marriage

North Carolina marriage laws have set 16 years as the legal marriageable age. If you or your spouse is younger than 16 years of age, the marriage can be annulled according to North Carolina annulment laws. It’s imperative to understand that marriage at a young age can have severe consequences on one’s physical and mental well-being, education, and social life.

• • Physical Disability

If any kind of physical disability in your spouse is hindering you from having a normal married life, you can obtain annulment under North Carolina annulment laws. It’s essential to note that not all disabilities may qualify for an annulment. You may need to provide evidence that the disability makes it impossible to have a fulfilling married life.

• • Mental Illness

Partial or complete insanity in a spouse is a valid annulment ground according to North Carolina annulment laws. It’s crucial to understand that mental illness is a sensitive topic, and it’s not always easy to prove that the mental illness is incurable. If you believe that this is your situation, it’s best to consult a professional lawyer.

Finally, it’s essential to understand that annulment is not the same as divorce. It’s a legal process that requires careful consideration, and it’s not always easy to prove the conditions for annulment. If you’re considering annulment, it’s best to consult a professional lawyer who can guide you through the process.

North Carolina Divorce Laws – Your Frequently Asked Questions

• • Residency Requirement: How long do you need to live in North Carolina to file for divorce?

If you’re considering filing for divorce in North Carolina, you must be a resident of the state for at least six months before you can start the process.

• • Cheating Spouse: Can you file for divorce on the grounds of adultery?

If your spouse has been unfaithful, you can file for divorce on the grounds of adultery. This is one of the fault-based grounds for divorce in North Carolina.

• • Separation Requirement: How long do you need to live separately before filing for divorce?

You and your spouse must live apart for at least one year before you can file for divorce in North Carolina. During this time, you must be living in separate residences and not have had any sexual relations with each other.

• • Absolute Divorce: What is it?

An absolute divorce is the legal termination of a marriage. In North Carolina, you can file for divorce if you and your spouse have been living separately for at least one year. There is no need to provide any legal documentation to prove your separation.

• • Divorce Without Spouse’s Consent: Can you still file for divorce?

Yes, you have the right to file for divorce in North Carolina even if your spouse does not consent to it.

• • Claiming Alimony: When is the best time to do it?

If you’re seeking spousal support, you must do so during the divorce proceedings. North Carolina law states that a dependent spouse who obtains an absolute divorce will lose their right to alimony unless they have already claimed it in a prior legal action.

• • Do You Need a Divorce Lawyer?

While it’s not a requirement to hire a divorce lawyer, it is advisable to seek professional help from a divorce attorney. They can guide you through the legal process, provide valuable advice, and help you achieve your desired outcome.

• • Child Custody: Who will get it?

In North Carolina, the court will consider various factors to determine child custody arrangements. If both parents can come to an agreement, the court will generally honor their wishes. However, if there are unresolved issues, the court will have the final say.

• • Joint Child Custody: Who Pays for Support?

Both parents are responsible for paying child support in North Carolina. The amount each parent pays is based on their income and other factors.

• • Do You Need Two Different Divorce Lawyers?

Yes, you and your spouse cannot hire the same divorce lawyer in North Carolina. Each spouse must have their own legal representation to ensure a fair and just outcome.

Divorce can be a difficult and emotional process, but understanding North Carolina’s divorce laws can help make the process smoother. Whether you’re seeking a divorce due to infidelity, separation, or other reasons, it’s important to seek professional legal advice to ensure the best possible outcome.