Divorce in
North Carolina
at Wilson, Reives & Doran
At Wilson, Reives & Doran, we understand the challenges and emotional drain one faces when planning to get a divorce. Having an experienced divorce lawyer guide and support you through this complex process can make all the difference. You can rely on our experience to help you make the best decisions for your future.
We welcome the opportunity to have a confidential discussion of your case. Call us today or use our online contact form on this page to schedule a consultation at our office.
Understanding Divorce Law in North Carolina
There are several divorce concepts and laws specific to North Carolina that you should know before you begin your divorce process:
North Carolina is a No-Fault Divorce State
No-fault means that neither you nor your spouse need to prove marital fault, such as abusive behavior, adultery, economic fault, or addiction problems, to obtain an absolute divorce in North Carolina. You only need to establish that you and your spouse have lived apart for at least one year and that one of you has been a resident of the state for at least six months.
What is an Absolute Divorce in North Carolina?
“Absolute Divorce” is the legal term used in North Carolina to describe the dissolution of a marriage.
What are the steps for getting a divorce in North Carolina?
The decision to get a divorce is often a difficult one, particularly when children are involved. Here is what you need to consider and what you can expect:
- Consider all issues related to child custody, child support, alimony, and property distribution. An experienced attorney can answer all of your questions.
- Consider your current and future needs and clearly understand all your legal rights and obligations.
- You must live separately and apart for at least one year before a divorce can be granted. However, all of the remaining issues listed above (child custody, child support, alimony, and property distribution) can be addressed before one year’s separation expires.
- Note that you will have to assert an alimony and equitable distribution claim before the divorce judgment is granted. If not, you will lose your right to do so.
- Your Family Law attorney can prepare a separation agreement that outlines the terms of the divorce. It will be signed by both you and your spouse. The agreement can address issues such as property and debt distribution, spousal support, child custody, child support, and visitation terms.
- After one year of separation, you can file for divorce with the court. Your lawyer can prepare and file the paperwork for you and arrange for your spouse to be served with your divorce complaint. You must wait 30 days (40 days in some cases) after your spouse has received the complaint before you can request a court hearing. Your spouse may file an answer to your complaint during this period.
- Next comes the court hearing. Your lawyer can attend without you.
Let’s look at the Grounds for Divorce in Greater Detail
- What Constitutes Separation for 1 Year?
- Residency Proof
- What Does Separate and Apart Mean?
- How is Reconciliation Defined?
- The Date Your Separation Begins is Important
What Are the North Carolina Laws for Property Division?
Division of marital assets and debts is an important part of divorce. Division can be settled in one of three ways in North Carolina:
- A separation agreement (which is agreed upon and signed by both spouses without the filing of a lawsuit)
- An Equitable distribution trial (which results in a Judge determining the outcome)
- A consent judgment (agreed upon by the spouses and ordered by the court without a trial)
The division of assets is basically a three-step process:
- All assets are identified and then classified as marital, separate, or divisible property
- A value is attached to each asset
- The assets are then distributed
Typically, North Carolina courts favor an equitable 50/50 split of debts and assets. Courts consider various factors in determining asset distribution, but marital misconduct, such as gambling, reckless spending, or hiding financial accounts, is not one of them unless the misconduct lowered the value of the marital estate.
What Are the Legal Issues for Children in Divorce?
The number one concern for most parents going through separation and divorce is their children. The children’s emotional and material well-being is critical to determining the terms of a separation agreement between spouses.
Child support payments help provide for the children’s financial needs, while child custody terms in a parenting agreement ensure that the children can spend as much time with each parent as possible.
In divorce cases in which child custody is contested, the court will decide based on the child’s best interests.
Which Decisions Might the Court Make, and Which Decisions Do the Divorcing Parties Make?
In North Carolina, the court prefers and encourages the divorcing parties to work out the terms of child custody, property distribution, and support between themselves whenever possible. However, if the parties cannot agree, the court will make decisions for you. It is, of course, to your advantage to avoid this. Your attorney at Wilson, Reives & Doran will work with your spouse’s legal representative to try to resolve disagreements and make a trial unnecessary.
However, in cases where the other party will not compromise or make unreasonable demands, litigation becomes the only option. These cases might include instances of domestic violence or other significant wrongdoing. In these instances, you need to feel confident that an experienced divorce attorney with trial experience represents you.
Our divorce lawyers at Wilson, Reives & Doran know that divorce can be very stressful. We know how to deal with conflicts arising when divorcing couples negotiate issues such as child custody and support. We bring compassion to our work while maintaining a firm and, when needed, aggressive stance in defense of our client’s legal rights. Your best interest will be your attorney’s top priority.
Divorce can be a new start towards a better future when handled professionally by an experienced family law attorney. Call our firm today at (919) 775-5653 to schedule your confidential consultation.
Divorce FAQ’s
What Constitutes Separation for 1 Year?
You can only file for an absolute divorce if you and your spouse have lived apart and separately for at least one year and at least one of you has lived in North Carolina for a minimum of six months.
Residency Proof
To qualify for an absolute divorce, at least one spouse must have established residency in North Carolina for at least six months before filing for a divorce. Residency means having an actual physical presence in the state with the intent to remain in the state for an indefinite period of time.
What Does Separate and Apart Mean?
Living apart means living in different homes. Merely living in different bedrooms or different areas of the same house does not meet the required grounds for a divorce.
If you were to live apart from your spouse for five months, reconcile, and then separate again, the five months spent apart may not count toward the separation period.
How is Reconciliation Defined?
It really depends on the circumstances. A one-time (isolated) reunion would likely not be deemed a reconciliation by the court. But multiple reunions may be. Presenting yourself in public as a married couple may also be considered reconciliation.
The Date Your Separation Begins is Important
The date that your separation starts begins the one-year period for obtaining a divorce. It may also serve as the date that the court uses to place a value on your marital assets when dividing property in the divorce.