Divorce

North Carolina Divorce Laws: An Overview of the Process

If you are reading this, you may be going through one of the toughest times in your life. Divorce can be overwhelming and emotionally draining, and it’s natural to feel confused about the process. At Phillips & McCrea, PLLC, we understand the stress and worry that comes with the uncertainty of divorce. We are here to guide you through every step of the process, ensuring that you have the support you need to move forward with confidence.
Divorce laws in North Carolina can be complex, but understanding the basics can help you feel more in control. This blog will provide an overview of the divorce process in North Carolina, highlighting what to expect and how to prepare. Our goal is to provide clear, straightforward information that will help you understand what lies ahead and how we can assist in achieving a successful outcome for your case.

The Grounds for Divorce in North Carolina

In North Carolina, there are two main types of grounds for divorce: fault-based and no-fault. A no-fault divorce means that neither party has to prove that the other spouse did something wrong. Instead, the couple must have lived separately for at least one year, with no intention of getting back together. This is the most common type of divorce in the state. On the other hand, a fault-based divorce can occur if one spouse is at fault for the breakdown of the marriage. Grounds for a fault-based divorce in North Carolina include adultery, abandonment, or cruel treatment. However, proving fault can complicate the process, and it may not always lead to a favorable outcome for either party. In most cases, individuals choose the no-fault route as it is simpler and less stressful.

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Residency Requirements

Before filing for divorce in North Carolina, at least one of the spouses must meet the state’s residency requirement. To file for divorce, the spouse must have lived in North Carolina for a minimum of six months before the filing. If you do not meet the residency requirement, you may need to wait until you fulfill the necessary time frame before filing for divorce in the state.

Filing for Divorce in North Carolina

The divorce process begins when one spouse files a complaint for divorce with the court. The filing spouse is known as the plaintiff, while the other spouse is the defendant. The complaint outlines the grounds for the divorce and requests that the court grant the divorce. The defendant must then be served with the divorce papers. This begins the legal proceedings and gives the other spouse the chance to respond. Once the divorce petition has been filed and the defendant has been served, there are a few steps that may occur before the final divorce decree is issued. These steps may include temporary hearings for issues like child custody, child support, or spousal support, and mediation or negotiation to settle disagreements between the spouses.

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Child Custody and Support

If you and your spouse have children, one of the most important aspects of your divorce will be determining child custody and support. North Carolina courts prioritize the best interests of the child when making decisions about custody and visitation. There are two main types of custody in North Carolina: legal custody, which involves making decisions about the child’s education, healthcare, and general well-being, and physical custody, which involves where the child will live. In many cases, the court encourages parents to work together to create a parenting plan that is in the best interest of the child. However, if an agreement cannot be reached, the court will make a decision based on what it believes is in the child’s best interests. Child support is another important consideration when children are involved in a divorce. In North Carolina, child support is calculated based on a set of guidelines that take into account both parents’ incomes and the needs of the child. The court will ensure that the child receives financial support from both parents, regardless of the custody arrangement.

Property Division

North Carolina follows the principle of equitable distribution when dividing marital property. This means that property is divided fairly, but not necessarily equally, between the spouses. The court will consider various factors when determining how to divide property, such as the length of the marriage, each spouse’s contribution to the marriage, and the financial situation of both parties. It’s important to note that only marital property is subject to division. Marital property includes assets and debts that were acquired during the marriage, while separate property, such as gifts or inheritance received by one spouse, is not included in the division.

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Spousal Support

In some cases, one spouse may be entitled to spousal support, also known as alimony. Spousal support is designed to help the lower-earning spouse maintain a reasonable standard of living after the divorce. In North Carolina, spousal support is not automatically granted, and the court will consider several factors when determining whether it should be awarded, such as the length of the marriage, the financial needs of both spouses, and the earning capacity of each spouse. The court may award temporary spousal support during the divorce process, as well as post-divorce support. The amount and duration of spousal support will depend on the specific circumstances of the case.

The Divorce Hearing

After all issues related to the divorce have been addressed, including child custody, property division, and spousal support, the case will proceed to a final hearing. If the spouses can reach an agreement on all issues, the court may issue a final divorce decree based on that agreement. However, if there are unresolved issues, the court will make a decision after hearing from both parties. At the final hearing, both spouses will have the opportunity to present evidence and testify before the court. Once all of the information has been considered, the court will issue a judgment, granting the divorce and addressing any outstanding issues. Divorce is never easy, but understanding the process can help reduce some of the stress and uncertainty. Whether you are facing a no-fault divorce, dealing with child custody disputes, or navigating property division, having a knowledgeable attorney by your side can make a significant difference. At Phillips & McCrea, PLLC, we understand what you are going through and are here to help you through every step of the divorce process. Our team is dedicated to providing compassionate and effective representation to help you achieve a successful outcome. If you are facing divorce, contact us today to discuss your case and find out how we can help you navigate the process with confidence.

To learn more about this subject click here: The Role of Prenuptial Agreements in North Carolina Divorce Cases