North Carolina Divorce Law Residency Requirements for Divorce in North Carolina

Either spouse must have been a resident of North Carolina for at least 6 months prior to filing for divorce. Divorce may be filed for in the county of residence of either spouse.
[General Statutes of North Carolina; Chapter 50, Section 50-8].

Legal Grounds for Divorce in North Carolina

  1. No Fault Divorce: Living separate and apart without cohabitation for 1 year.
    [General Statutes of North Carolina; Chapter 50, Section 50-6]
  2. General Divorce:
    1. Confinement for incurable insanity for 3 years
    2. Incurable mental illness based on examinations for 3 years
    [General Statutes of North Carolina; Chapter 50, Sections 50-5.1].

Legal Separation in North Carolina
The grounds for legal separation (divorce from bed and board) are as follows:

1. Adultery
2. Abandonment
3. Alcoholism or drug addiction
4. Cruel and inhuman treatment endangering the life of the spouse
5. Personal indignities rendering life burdensome and intolerable
6. Turning a spouse out-of-doors

Either spouse must have been a resident of North Carolina for at least 6 months prior to filing for divorce from bed and board.
[General Statutes of North Carolina; Chapter 50, Sections 50-7 and 50-8].

Simplified/Special Divorce Procedures in North Carolina
There are no legal provisions in North Carolina for simplified divorce procedures. However, premarital and marital property settlement agreements are specifically recognized as valid. The payment or non-payment of alimony may be the subject of a marital settlement agreement.
[General Statutes of North Carolina; Chapter 50, Sections 16.6(b) and 20(d)].

Divorce Mediation or Counseling Requirements
If child custody is a contested issue, the court may order the parents to submit to mandatory mediation of that issue.
[General Statutes of North Carolina; Chapter 50, Section 50-13.1].

Divorce Property Distribution
North Carolina is an "equitable distribution" state. Separate property, including:

1. Any property acquired before the marriage
2. Any gifts and inheritances acquired during the marriage
3. Any property acquired in exchange for separate property
4. Any increase in the value of separate property, will be retained by the spouse who owns it

Marital property (property acquired by either or both spouses during the marriage and before the separation, including any pension or retirement fund benefits) will be divided equally unless the court finds that an equal division is not fair. The division is based on the following factors:

1. Any direct or indirect contributions to the career or education of the other spouse
2. Any depletion or waste of property
3. The net value of the property
4. The liquid or non-liquid character of the property
5. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
6. The economic circumstances of each spouse at the time the division of property is to become effective
7. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes
8. The length of the marriage
9. The age and health of the spouses
10. The federal income tax consequences of the court's division of the property
11. Liabilities of the spouses
12. Any retirement benefits, including social security, civil service, military and railroad retirement benefits
13. Any prior alimony or child support obligations of each spouse
14. The desirability of the spouse with custody of any children occupying the marital residence
15. Any other factor necessary to do equity and justice between the spouses

[General Statutes of North Carolina; Chapter 50, Section 50-20].

Alimony and Spousal Support
Either spouse may be awarded alimony. The factors for consideration are:

1. The standard of living established during the marriage
2. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market and their incomes
3. The mental, physical, and emotional conditions of the spouses
4. The marital misconduct of the spouses
5. The ages of the spouses
6. The contribution of 1 spouse to the education, training, or earning power of the other spouse
7. The effect of a spouse having primary custody of a child
8. The relative education of the spouses and the time necessary for a spouse to acquire sufficient education or training to become self-sufficient
9. The contribution of a spouse as a homemaker
10. The tax consequences
11. Any other factor the court deems just and equitable

The court may require bond for security for the alimony payments. Alimony may not be paid to the spouse committing adultery.
[General Statutes of North Carolina; Chapter 50, Sections 50-16.3a and 50-16.6].

Spouse's Name After Divorce
Upon request, the court may allow a woman to resume the use of her former or maiden name. A woman may also make application to the clerk of the court for resumption of the use of her maiden or former name.
[General Statutes of North Carolina; Chapter 50, Section 50-12].

Child Custody After Divorce
Joint or sole child custody is determined according to the interests and welfare of the child. There is no presumption that either parent is better suited to have custody. No other factors for consideration are specified in the statute.
[General Statutes of North Carolina; Chapter 50, Section 50-13.2].

Child Support After Divorce
Both parents are primarily responsible for the support of a minor child and either parent may be ordered to pay child support. The factors to be considered are:

1. The needs of the child
2. The earnings, estate, conditions, and accustomed standard of living of the child and the parents
3. The childcare and homemaker contributions of each parent
4. Any other relevant factors. There are official child support guidelines which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate

Child support worksheets are also provided. Child support payments may be required to be paid through the clerk of the court. Income withholding may be used if child support payments become delinquent. Child support obligations may be required to be secured by a bond or mortgage. The court may require a parent to provide health insurance coverage for a child.
[General Statutes of North Carolina; Chapter 50, Section 50-13.4. Child Support Guidelines and Worksheets are contained in the Annotated Rules of North Carolina].

Continue to North Dakota Divorce Laws
 
Resource Article:
 
Imagine… A Collaborative Approach To Divorce
By Gary Direnfeld, MSW, RSW

 

Imagine… A Collaborative Approach To Divorce

 

There is a movement in family law whereby divorcing couples can sign agreements with lawyers to not go to court. More specifically, the process is known as Collaborative Family Law (CFL) and the agreement to not go to court is binding upon the lawyers, not the couple. If one or both clients are unsatisfied, either may still march the dispute to court. They will however have to find new lawyers.

 

At heart, the CFL process seeks to develop consensus between the parties for a mutually acceptable settlement. The settlement can include the division of assets, spousal or child support and/or the ongoing care of children.

 

In traditional dispute scenarios both parties retain their own financial advisor and may be subject to a custody/access assessment. The results from financial planners may vary and in such cases, the dispute then widens to include the experts. The recommendations of the assessor may not reflect the position of either or both parties and hence their involvement may fall to conflict as well. Often, other third parties are drawn into the dispute as well.

 

In the CFL process, while the couple retains separate collaboratively trained lawyers, they then retain a single financial advisor and/or child expert and/or divorce coaches who form a team with the lawyers and clients. The financial advisor, child expert and divorce coaches act as consultants within a team framework. Because each party has their own lawyer though, they are assured their respective legal rights are preserved. Certainly the disposition of the lawyers is one of settlement as litigation is openly off the table. The risk of conflict is reduced in favour of improving the probability of settlement.

 

At issue to some persons considering CFL, is concern that they may be forced to capitulate or acquiesce on matters of importance or safety.

 

Firstly, no party is to be forced to agree to anything. That is why they both retain separate counsel; to protect legal rights and assure a process that addresses mutual concerns.

 

Secondly, either party can table contentious issues and even treatment issues. The objective is not to capitulate, but to address all issues forthrightly and develop plans to genuinely mitigate concerns.

 

The actual CFL process occurs in four-way meetings (clients and lawyers) and can be expanded to include the financial planner, child expert or any other consultant for that matter. Depending on the style of CFL, ancillary experts may automatically form part of the team. Various jurisdictions have developed some unique differences in approach while all the while adhering to the basic premise of reaching a settlement without the threat of litigation.

 

Depending on the nature of issues to be resolved, the number and durations of meetings can vary. Unlike traditional family law where meetings tend to be conducted on a schedule determined by Court process, CFL meetings are independent of Court and hence at the control of the participants. Further, because matters are never left to the discretion of a Judge, the parties retain full responsibility and control for settlements achieved.

 

Practitioners of CFL offer it as a more respectful way to resolve family disputes as neither side is bent on tearing down the other, but conversely, directed towards leaving relationships as intact as possible. Because collaborate doesn’t mean capitulate, issues can be addressed in a manner that maintains control in the hands of the parties. The process is thought to provide for more durable outcomes whilst maintaining the integrity of the participants. This bodes well for the children and transition to new family structures.

 

Separating or divorcing? Consider Collaborative Family Law for a non-litigious, more respectful solution. Google; Collaborative Family Law.
 

Divorce Terms:
Joint Custody. See Custody, Legal and Custody, Physical

Joint Petition. When both parties want the court to do the same thing, such as ?dissolve a marriage? due to an irretrievable breakdown (no-fault) and approve a separation agreement (uncontested), the parties jointly request (by joint petition) the court to grant the divorce.

Joint Property. Property held in the name of both spouses. Except in Mississippi, legal title is usually not relevant in dividing property. Basically, one spouse cant say, honey, the property is in my name, so you don't get any.

Judgment. See Decision and Judgment

Judgment Absolute; Final Judgment. See Interlocutory Judgment; Judgment Nisi

Judgment of Divorce; Judgment of Divorce Absolute. See Divorce Decree

Judgment Nisi. See Interlocutory Judgment; Interlocutory Decree; Judgment of Divorce Nisi

Judicial Separation. See Legal Separation

Jurisdiction. The courts legal authority to hear your case and issue legally enforceable orders and judgments. Usually, the court in the county where you last lived together has jurisdiction over the divorce. If one party permanently leaves the state, both states may have jurisdiction. Ask you lawyer about this tricky area of jurisprudence.

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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