Divorce Guide

Divorce Guide

North Carolina No Fault Divorce

According to NC no-fault divorce laws, one can get divorce on the basis of no-fault grounds where the marriage is supposedly to be “irretrievably broken down” due to “incompatibility” and also, the spouse must have been leading a separated period away from each other (not in separate rooms in the same house) for a year and a day. No-fault divorce laws also specify that while leaving the house one spouse must have decided to end the marriage, even if the other was not willing to do so. Marital relationship between the spouses must not have resumed during that period. NC no-fault divorce laws also state that isolated cases of sexual relationships would not affect the diovrce procedure and divorce would be granted on the basis of the separation.

The other ground of divorce in North Carolina is if a spouse has some mental insanity and the spouses have been living separate from each other for the last three years owing to that. The spouse who is not insane can then file the divorce and terminate the marriage.

Residential requirements in NC no-fault divorce

NC no-fault divorce laws state that at least one spouse must have resided in the state of North Carolina prior to filing for divorce.

When will I get the divorce?

Spouses can get divorce in a matter of two months after filing the case of divorce in the state of North Carolina; if the no-fault divorce is uncontested (it means that there are no disputes between the parties regarding matters of child custody or property division etc). If there are disputes regarding these maters, then one may have to go on trial and settle the matter. An attorney is the best person to guide people regarding the time it would take to have the absolute divorce and settlement of all disputed issues.

Property division in NC no-fault divorce

North Carolina is an “equitable property distribution” state where the marital property would be fairly and justifiably divided among the spouses. In most of the no-fault divorce cases, spouses attempt to settle the matter of property division “outside the court”. If there are disputes related to them, then courts would intervene. The marital property of the spouses which was acquired by them during the course of the marriage and not falling under “separate property” category, are divided among the spouses after the divorce. The separate property id that property as acquired by the spouses before the marriage in the form of gifts or inheritance etc.

Child custody in NC no-fault divorce

The matter of child custody is generally settled by the spouses outside the courts. However, in case they are unable to arrive at any decision then courts would keep the “best interests of the child” as the top most priority and award custody based on the safety and welfare of the child. If a parent proves in the court of laws that the presence of the other spouse is detrimental to the child, then the judge would obviously not grant custody to that parent. NC child custody laws and child support guidelines would act as the basis on which the decision regarding child custody would take place.

One may go-ahead with do-it-yourself divorce to obtain a divorce decree in North Carolina, but ensure that the divorce laws are well known to the plaintiff. The matter of divorce is related with several divorce laws and only if the divorce is uncontested and no-fault, it is advisable to go for DIY divorce. In other cases, it is better to seek the advices of an attorney.

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