Many personal and financial considerations must be taken into account before a divorce can be finalized. In North Carolina, you can get a no-fault divorce if you have been separated from your spouse for at least one year. That means you have not lived together in the same home for that time.
Full Answer
How do I file for a divorce in North Carolina?
To file for a divorce in North Carolina, either you or your spouse must currently live in North Carolina and must have lived in the state for at least six months before the divorce case is filed. Does my spouse have to agree to the divorce? No. As long as you are eligible for a divorce, your spouse does not have to agree to the divorce.
Can I still file for divorce in North Carolina after separation?
In North Carolina, you can still file for divorce. The requirement for jurisdiction in North Carolina only requires that one party reside in North Carolina for six months.
How long do you have to live in NC to divorce?
How to File for Divorce in North Carolina Eligibility You must live in North Carolina for six months prior to filing for divorce in the state. But more importantly, you and your spouse must have lived separately for at least one year prior to the divorce. It is important to note that these 12 months must be consecutive.
Do you have to prove fault for divorce in NC?
In North Carolina, you do not need to prove fault for divorce. As long as you prove there has been a period of one year of separation and that one party has resided in North Carolina for six months prior to the filing of the action, then you can apply for a divorce.
Can a divorce be granted before financial settlement?
In short: no. The most important thing to stress is that if you've already divorced without reaching a financial settlement, it's not too late. While it's usually advised you reach a financial settlement and get a financial order from court at the time of divorce, you can still do this after you're divorced.
Can a divorce go through without financial settlement?
A divorce in the UK can take place without a financial settlement but it is prudent to obtain a financial settlement before there is a decree absolute or else face financial difficulty if the person dies in the interim.
Can you get divorced in NC if you're separated but still living together?
You are eligible to file for divorce, also called an “absolute divorce,” only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.
What are the grounds for immediate divorce in NC?
There are only two grounds (reasons) for divorce in North Carolina: separation for one year;1 or. incurable insanity of one spouse and living separate and apart (separation from cohabitation) for three consecutive years, including at the time where the petition is filed.
Can you get decree absolute before financial settlement?
A financial settlement does not necessarily have to be in place for you to apply for a decree absolute. However, if you have not yet reached a financial agreement in your divorce, then it is advisable not to apply for the decree absolute because your entitlement to certain assets of the marriage could be affected.
How do I stop my wife from taking half?
7 Tips to Avoid Giving Up Too Much to Your Wife in Your DivorceTip #1: Identify Your “Separate” Assets. ... Tip #2: Prioritize Your “Marital” Assets. ... Tip #3: Think about Your Wife's Priorities. ... Tip #4: Weigh Your Options. ... Tip #5: Consider the Other Financial Aspects of Your Divorce. ... Tip #6: Put Together a Plan.More items...•
How do I get a divorce in NC without waiting a year?
Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.
Can I date while legally separated in NC?
1) You Can Date While Separated After you have legally separated you are free to date as if you are not married. Your spouse does not have a say in whether or who you date. Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts.
Is separation required before divorce in NC?
In NC you must be separated for at least one full year before you can file for divorce.
Is NC A 50/50 divorce state?
Property can be divided in any amount. However, in most North Carolina divorce situations, equitable distribution law presumes an equal 50/50 division – meaning each spouse receives half of the estate.
Does it matter who files for divorce first in NC?
When it comes to North Carolina, there is no need to sign anything in the first place. As long as someone has filed for the divorce (and met the one-year requirement), the divorce will be granted.
How much is alimony in NC?
In most cases, the court will award alimony for the duration of half the length of the marriage. For example, if a couple was married for 10 years, the dependent spouse would get 5 years of alimony.
How long do divorce financial settlements take?
How long does a divorce/dissolution settlement take? Typically, a divorce/dissolution settlement will take 9–12 months.
Can my ex sue me for money after divorce?
Money you earn after your divorce is generally yours, but your ex-wife can still get her hands on it in some cases. You might realize that every dollar you earn during marriage is only half yours, but you may not be as sure about the money you earn after you and your wife split.
What is a wife entitled to in a divorce in South Carolina?
South Carolina's marital property laws are, like the majority of states, equitable distribution laws. Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.
How is financial settlement calculated in a divorce?
As well as looking at actual earnings, the Court will also assess the parties' future potential earnings. The Court will take a realistic approach when calculating the settlement and will take account of the individual's skills, time out of work, age and the possibility and cost of retraining and the job market.
What are the grounds for divorce in North Carolina?
In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided...
How much does a divorce cost in NC?
There is really no way to determine how much a divorce is going to cost. The cost of filing an Absolute Divorce action in North Carolina is $75. Yo...
How long does a divorce take in NC?
Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-9...
Do I really need to hire an attorney?
At least in Mecklenburg County, hiring a lawyer is not essential. The self-serve center has forms that individuals can fill out and apply for a div...
Does North Carolina grant divorces based on marital fault?
North Carolina is a no-fault divorce state. North Carolina does consider fault in other circumstances however (i.e. divorce from bed and board and...
How is spousal maintenance determined during a NC divorce?
In a divorce action alone, it is merely the legal ending of your marriage. An Absolute Divorce action does not decide the issue of maintenance. If...
Can I change my name at the time of divorce in NC?
Yes, you can change your last name at the time of divorce. The filing fee for a name change is $10. You can file the resumption of a former name wi...
Can I get an annulment instead of a divorce in North Carolina?
There are only a certain limited circumstances in North Carolina that would enable a party to obtain an annulment. If the parties are nearer in rel...
How long do you have to be separated in North Carolina to get a divorce?
Yes. According to NC divorce laws, in order to file for an Absolute Divorce you must wait until you and your spouse have been separated for one yea...
How much does it cost to get divorced in North Carolina?
There is also a $225 filing fee to file for divorce in North Carolina. If you are in dire straits financially, you can apply to have this fee waived.
How much property is divided in divorce in North Carolina?
In most North Carolina divorces, property will be divided 50/50 between spouses. However, the following factors may be taken into account to ensure the equitable distribution of property:
What is a divorce from bed and board?
These instances are known as divorces from bed and board, which allow for a court-ordered separation before the absolute divorce is finalized. It can also result in the at-fault party losing some rights, including estate rights. There are six cases in which the judge will consider a divorce from bed and board:
What to do after divorce?
If you and your spouse split up, you’ll need to update your life insurance policy, retirement accounts, investmentaccounts and trusts. You’ll want to select a new beneficiary if you’d named your spouse.
How to help your ex with divorce?
A meditation will help you and your soon-to-be ex work through all of the sticking points in your divorce without the costly and time-consuming process of a trial in open court. If you and your spouse are not able to do this, you’ll have to go to court.
How long do you have to pay child support?
If you are the non-custodial parent paying child support, you are responsible for doing so until the child turns 18. Or, if the child is still in primary or secondary school at age 18, you are responsible for paying child support until the child graduates or turns 20, whichever happens first.
What does the court not consider when dividing property?
Liquidity of property. The court does not consider any actions that led to the end of the marriage, such as adultery, when dividing property. The only reason these actions are taken into account is if one spouse’s misconduct led to a loss of value to the estate.
What are the grounds for divorce in North Carolina?
In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action.
When is my NC divorce case going to be over?
There is no way to tell when the case will be over. Once you file the complaint, the other party has thirty days in which to respond, and they can be granted an extra thirty days if necessary. After that time, you can schedule a hearing in front of the judge to hear the divorce. If the divorce is uncontested then it can be obtained fairly quickly.
Can I get an annulment in North Carolina?
There are only a certain limited circumstances in North Carolina that would enable a party to obtain an annulment. If the parties are nearer in relation than first cousins or between double cousins, you may petition the court for an annulment. If one of the parties were married and are less than 16 years of age then an annulment can be considered, if there is no child or the female is not pregnant with child.
How long do I have to live in North Carolina to obtain a divorce?
In North Carolina, one party has to reside in North Carolina for six months prior to the filing of the complaint. Therefore, as long as your spouse lives in North Carolina for six months and intends to remain in North Carolina, you do not have to live in North Carolina to obtain a divorce.
Can a couple become legally married by living together as man and wife under North Carolina law (common law marriage)?
No. North Carolina does not allow common law marriages. In North Carolina, you must either be solemnized as husband and wife in front of an ordained minister of any religious denomination, minister authorized by a church, magistrate, or in accordance with any solemnization recognized by any religious denomination, or federally or state recognized Indian Nation or Tribe.
What is a divorce in NC going to cost me? Can I afford it?
There is really no way to determine how much a divorce is going to cost. The cost of filing an Absolute Divorce action in North Carolina is $75. You also need to factor in the costs of serving the other party and filing the other necessary documents with the court, as well as the additional cost associated if you are seeking a name change.
How long does a divorce take in NC?
Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced.
What is the property of a divorce in North Carolina?
During a divorce, North Carolina courts try to divide marital property in a way that’s fair and equitable to both parties. Marital property includes any income, assets, and debts you and your spouse accumulated during the marriage.
How many factors can make a marriage invalid in North Carolina?
There are only six possible factors that could make your marriage legally invalid in North Carolina. Those factors are:
What are the legal issues in divorce?
Besides property division, three other major legal issues can lead to battles in a divorce case: alimony (also called spousal support or postseparation support), child support, and child custody. Alimony is financial support paid by one spouse (the supporting spouse) to the other spouse (the dependent spouse).
What is divorce based on misconduct?
A divorce based on marital misconduct is also called a divorce from bed and board. You may be able to get this type of divorce if your spouse engaged in any of the following six behaviors: They abandoned your family. They kicked you out of the marital home for no good reason.
How much does it cost to file for divorce in Mecklenburg County?
For a filing fee of $225, the filing spouse can file a Complaint for Absolute Divorce with the Clerk of Court. For more information about how to file, read our previous blog article: How to Obtain an Absolute Divorce in Mecklenburg County.
What is the custodial parent's need to own?
A custodial parent’s need to occupy or own the marital home or other household items. Both spouses’ physical and mental health. Tax consequences related to the property division. Also, North Carolina law says judges can consider any other factors they decide are “just and proper” during the property division process.
How long do you have to live apart in a marriage?
The two spouses must have lived separate and apart for at least one continuous year , and at least one spouse must have intended to leave the marriage throughout that time.
How long do you have to live in North Carolina to file for divorce?
In addition to the waiting period, to file for divorce in North Carolina, either you or your spouse must be living in the state on the day you file for divorce and for at least six months leading up to that date. If you want a North Carolina family court judge to resolve questions about child custody, visitation, or child support as part of your divorce, the children must also have lived with a parent in North Carolina for at least 6 months before you file (or since birth if they are infants). That means that when you and your spouse separate, if your family or other support network lives across state lines, you may need to find a new home within the state for you and your children.
What If You Can’t Support Yourself During Separation?
If you don’t have the financial ability to provide for yourself or your children while you are separated, you can ask the court to enter a “post-separation support” order. This temporary spousal support will help provide for your needs after you have separated and while you are waiting to finalize your divorce.
What to do if you don't have the financial ability to provide for yourself or your children?
If you don’t have the financial ability to provide for yourself or your children while you are separated, you can ask the court to enter a “post-separation support” order. This temporary spousal support will help provide for your needs after you have separated and while you are waiting to finalize your divorce.
How long do you have to live in North Carolina before filing for divorce?
At least one spouse must have lived in North Carolina for six months before filing.
How long does it take to get divorced in North Carolina?
Most people who want to get divorced wish to get it over with as quickly as possible, but what many of them do not realize is that North Carolina law requires a one-year waiting period for divorces.
Why Does the Waiting Period Exist in North Carolina?
There are two grounds to obtain an absolute divorce in North Carolina. One of them is three years of incurable insanity, which is rarely used in divorce cases nowadays. The other one is separation for more than one year.
How long can a spouse file a motion for summary judgment?
An additional 30 days can be granted if the spouse files the proper request. When the 30-day waiting period (or the 60-day waiting period, if an additional 30 days are granted) is over, spouses can file a Motion for Summary Judgment.
How long do you have to live apart to get divorced?
To get divorced based on the one-year separation, the soon-to-be-former spouses must have been living apart for at least one year. The requirement that the parties live separately entails a physical separation and the intent of either spouse or both spouses to end their marriage.
What to do when you are separated from your ex-husband?
While you are waiting for the separation period to pass, it would be a good idea to negotiate a settlement agreement with your soon-to-be-ex-spouse to find a consensus on such issues as child custody, alimony, child support, and property distribution. This could make the entire divorce process much quicker and easier.
Why do we have a waiting period for separation?
Firstly, the waiting period is imposed to make sure that spouses do not change their minds about their separation.
How to contact a divorce attorney in NC?
Call us today at 855-928-0531 to schedule your free consultation.
What Factors are Weighed When Property Is Divided In Divorce?
Property can be divided in any amount. However, in most North Carolina divorce situations, equitable distribution law presumes an equal 50/50 division – meaning each spouse receives half of the estate. That distribution can take place before or after a final divorce decree is rendered – as long as you have preserved your rights before the judgment.
Is a division of marital property taxable?
A division of marital and di visible property transferred between spouses is generally not a taxable event. However, funds transferred from retirement plans and Individual Retirement Accounts (IRAs) and selling marital assets to third parties (such as a home which has increased in value) can have significant tax consequences.
Is adultery a fault?
Marital Misconduct / Fault. Marital misconduct such as adultery is not considered in the settlement of property rights, nor is fault – unless there has been misconduct which economically impacted the marital estate.
Is a divorce a complex process?
It’s important to understand that the above information is merely an overview. The identification, valuation and distribution of assets subject to divorce is a complex process. Anyone with substantial separate, marital and divisible property is encouraged to contact an experienced North Carolina divorce lawyer in order to protect your assets to the fullest extent possible.
Beginner’s Guide to Divorce Laws in North Carolina
Property Issues
Alimony and Child Support
- Alimony in North Carolina
Alimony can be granted to either spouse in North Carolina and the courts will attempt to make sure any award is equitable based on relevant factors that can go into a decision Courts have discretion in determining the amount, duration and how the alimony is paid. The length of alimo… - Child Support in North Carolina
North Carolina uses a statewide guideline known as the Income Shares Model to calculate child support and awards are made based on this formula. The formula has variables that can include each parent’s income, daycare and medical expenses, costs of living arrangements for the childr…
Custody and Visitation
- Child Custody in North Carolina
North Carolina has adopted the Uniform Child Custody Act to help govern child custody issues related to a divorce in the state. All decisions regarding child custody are based on the principle that decisions will be made with the best interests of the child in mind. The state recognized tw… - Substance Abuse
Substance abuse is not a valid ground for divorce in North Carolina, but it can carry considerable weight in issues regarding child custody. If there is a danger to the child, as there would be with drug or alcohol abuse being present, then courts may restrict or deny visitation or custody of a c…
Divorce Process
- Bifurcation of marital status
Bifurcation means that both parties in a divorce can legally divide their divorce into two stages. The first part satisfies the grounds for the divorce. The marriage is terminated at that point. Bifurcation means that the financial aspects of the divorce such as child custody, visitation, chil… - Disclosing Assets
Under North Carolina law, both parties in a divorce are required to make a full disclosure of their assets and debts that existed at the date of separation. This includes both marital and non-marital property. If there are disagreements about what constitutes a marital vs. non-marital asset, the …
Other Issues
- Domestic Violence
In divorces where domestic violence is present, any divorce actions are secondary to the immediate safety of a spouse or children who may be in immediate danger. There are strong safeguards in place to protect against domestic violence. Safety is the number one priority of la… - Health Insurance
North Carolina recognizes the common law doctrine of the doctrine of necessities. This means that when you are married, you are responsible for your spouse’s necessities. Under the law, you are liable to pay for food, clothing, shelter and other necessities if spouse receives them from yo…