Divorce Guide

Divorce Guide

Getting North Carolina Divorce

Getting North Carolina divorce will require you to establish the grounds for your divorce. A divorce can be based on fault as well as no-fault grounds. Just like every other state, North Carolina also has specific rules, regulations and requirements to be met for getting a divorce. Let us try to know the answer of the question how to get a divorce in North Carolina.

Residency Requirements in North Carolina

To obtain a divorce in North Carolina, either of the couples must have resided in the state for not less than 6 months prior to filing of a case. Divorce proceedings will take place in the county where either of the couples resides.

Grounds for Divorce in North Carolina

Following are the grounds for getting North Carolina divorce:

  • Living separate for not less than one year
  • Living separately without cohabitation for a continuous period of 3 years if either of the couple is insane. An absolute decree for divorce is granted by the court on filing a petition for the same spouse.
  • The fault grounds for divorce include cruel and inhuman treatment, maliciously turning the other out of doors, abandonment, addiction to drugs or alcohol, and adultery.

Mandatory Documents

The most essential documents required for getting a divorce in North Carolina are the Complaint for Divorce and the Decree of Divorce. A few other documents include Civil Summons, Marital Settlement Agreement, Domestic Civil Action Cover Sheet and Declaration under the Uniform Child Custody Jurisdiction Act.

Legal Separation in North Carolina

For a legal separation in North Carolina, both the divorcing parties must sign and acknowledge a separation agreement. This must be done before a certifying officer.

Counseling or Mediation

A legal mediation or counseling is advised to couples having contesting issues in their divorce. These issues can be anything like property, asset, custody or support of a minor child. The court provides legal counselors who can help divorcing couples to reach an agreement on these issues with mutual understanding. If the result of mediation is negative i.e. the divorcing couples donít agree on such issues, then the court handles these contesting issues in its own way.

Distribution of Property

North Carolina is a state of equitable distribution. This means that the marital property and the divisible property are divided fairly, although not equally between the couples. Following are the few aspects that the court considers while determining the property distribution:

  • Income, property and debts of both the parties
  • Length of the marriage
  • Age and physical and mental health of both the parties
  • Prior support obligations
  • Contribution of each of the party towards property

Child Custody and Visitation

Child custody decisions taken by the court are based on the best interest and welfare of the child. Parents are bound to follow the decision of the court in case they donít agree on child custody or visitation. The visitation rights are awarded to a non custodial parent and can include electronic methods like instant messaging, e-mail, phone and other internet based methods.

A divorce can have many contesting issues. But getting North Carolina divorce can become easy if you are aware of the stateís divorce laws.

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