Jan. 06, 2025
Understanding North Carolina’s Divorce Process: A Step-by-Step Guide
North Carolina is a no-fault divorce state. This means that you do not need to prove your spouse’s fault (such as adultery or cruelty) to obtain a divorce. You can simply state that the marriage is irretrievably broken. This can mean certain things for the state’s divorce process.
If you are considering divorce in Greensboro, North Carolina, working with a skilled divorce attorney in Greensboro, NC, can make a difference in achieving favorable outcomes. Here’s a guide to understanding the divorce process in North Carolina to get you started.
Step 1: Residency and Separation Requirements
Before filing for divorce in North Carolina, at least one spouse must have lived in the state for at least six months. Additionally, the spouses must have lived separately for at least one year. Separation requires residing in different households, with at least one spouse intending for the separation to be permanent. For military personnel stationed overseas, the separation period is reduced to six months. Documenting your separation date can help avoid disputes later in the process.
Step 2: Determining Grounds for Divorce
North Carolina is a “no-fault” divorce state, meaning you don’t need to prove wrongdoing, such as adultery or abuse, to file. Instead, most couples file for an absolute divorce after living separately for at least one year.
It’s essential to note that separation requires more than just living in different rooms—spouses must reside in separate homes, and at least one spouse must intend for the separation to be permanent. Documenting the date of separation through a separation agreement can provide clarity and prevent disputes during the divorce process.
Step 3: Filing for Divorce
The divorce process begins with filing a Complaint for Absolute Divorce in the appropriate county court. The filing spouse, or plaintiff, must then serve the other spouse, or defendant, with the complaint and summons. This can be done through certified mail, a process server, or the sheriff’s office.
If the defendant cannot be located, alternative methods of service may be required. Ensuring proper service is crucial, as failure to do so can delay the process. Hiring a Greensboro family law attorney can help ensure all paperwork is completed accurately and promptly, minimizing potential setbacks.
Step 4: Resolving Property Division
North Carolina follows the principle of equitable distribution when dividing marital property. This doesn’t necessarily mean a 50/50 split but rather a division deemed fair by the court. Marital property includes assets such as homes, vehicles, retirement accounts, and debts acquired during the marriage.
Separate property—assets owned before the marriage, inherited items, or gifts—typically remains with the original owner. The court considers factors like the length of the marriage, each spouse’s contributions, and economic circumstances when dividing property.
Step 5: Addressing Alimony and Spousal Support
In North Carolina, alimony decisions are based on various factors, including the length of the marriage, the standard of living during the marriage, and each spouse’s earning capacity. The court may award temporary or permanent alimony, depending on the circumstances.
A dependent spouse (the one financially reliant on the other) may be entitled to support if the supporting spouse has the ability to pay. Misconduct such as infidelity can influence alimony decisions.
Step 6: Child Custody and Support
Child custody is often one of the most sensitive issues in a divorce. North Carolina courts prioritize the best interests of the child when determining custody arrangements. Legal custody involves decision-making authority over key aspects of the child’s life, such as education, health care, and religious upbringing, while physical custody addresses where the child will live. Custody arrangements can be sole, joint, or a combination of both.
Child support is determined by taking into account the parents’ incomes, the number of children, and custody arrangements. Additional factors, such as medical expenses, educational needs, and childcare costs, may also be considered. Disputes over custody and support are common, but working with an experienced child custody attorney can help you achieve a fair resolution that prioritizes your child’s well-being.
Step 7: Premarital Agreements
If a premarital agreement exists, it can dictate how marital property will be divided and whether spousal support will be awarded. Such agreements simplify divorce proceedings by pre-determining key outcomes. However, they must meet legal requirements and be executed voluntarily to remain enforceable.
Step 8: Settlement Negotiations
Most divorces are resolved through settlement negotiations, avoiding the need for a trial. Negotiations involve discussions between both parties and their attorneys to resolve issues such as property division, custody, and support. A well-prepared attorney can advocate for your interests and help achieve a fair resolution without prolonged litigation.
Step 9: Trial
If negotiations fail, the case proceeds to trial, where a judge will make final decisions on contested issues. Each side presents evidence and arguments, and the judge’s rulings are binding. Trials can be time-consuming and costly, but they provide a structured process for resolving disputes when no agreement is possible.
If you disagree with the trial court’s decision, you may appeal to a higher court. Appeals focus on legal errors made during the trial rather than re-arguing the case. The appellate process requires detailed review and presentation of the trial record, making experienced legal representation essential.
Step 10: Finalizing the Divorce
Once all issues are resolved, either through negotiation or court orders, the divorce is finalized by a judge. The judge will review the case to ensure that all legal requirements are met and will then issue a Judgment of Absolute Divorce. This official decree ends the marriage and allows both parties to move forward with their lives. It’s important to retain copies of all legal documents for future reference.
Why Work with Mercedes O. Chut, P.A.
At Mercedes O. Chut, P.A., we understand the emotional and legal challenges of divorce. Our team is dedicated to guiding clients through every step of the process, providing clear explanations and personalized strategies.
Divorce is a life-changing event, but you don’t have to face it alone. With the support of an experienced Greensboro family law attorney, you can protect your rights and plan for a brighter future. Contact us today to discuss your case and take the first step toward resolving your legal concerns.
