Preparing to end your marriage is never easy. It is normal to feel stressed out and to be loaded with questions about the process.
Divorces are handled at the state level. At Remington & Dixon, PLLC, we have extensive experience helping clients navigate the North Carolina divorce laws. Here, our Charlotte divorce lawyer provides a guide to divorce in North Carolina.
An Overview of North Carolina Divorce Laws
Are you preparing for a divorce in Charlotte? Your divorce will be handled under North Carolina law.
Here are key points to understand about the divorce laws in the state:
- Residency Rules Apply: You can get divorced in North Carolina even if you got married in another state. However, there is a residency rule. To file for divorce in North Carolina, at least one of the spouses must have resided in the state for at least six months before filing. The residency requirement ensures that the state has jurisdiction over the divorce. You should file in the county where you live or whether your spouse lives. For example, if you are a Charlotte resident, you will file for divorce in Mecklenburg County.
- A No-Fault Divorce Standard: North Carolina is a no-fault divorce state. Couples can end their marriage without the need to prove wrongdoing by either party. The primary grounds for a no-fault divorce are that the couple has been living separately for over one year to remain apart. During this separation period, the spouses must live in different residences and at least one spouse must intend for the separation to be permanent.
- Bed and Board Divorce is an Alternative: Apart from the standard absolute divorce, North Carolina offers an alternative called divorce from bed and board. Despite the name, it is not a complete divorce but rather a legal separation decreed by the court. While certainly less common, a bed-and-board divorce may be an option for certain situations.
Key Family Laws to Know About in a North Carolina Divorce
Divorce is about a lot more than the paperwork. It is about handling all of the family law issues that are relevant to your case and your life going forward. Here are two key laws to be aware of:
- Equitable Distribution (Property Division): Under North Carolina law (G.S. 50-20), an equitable distribution standard is used for property division. What is “fair” determines how marital assets will be split. The law does not necessarily mean a 50/50 split but rather a division that is fair considering various factors—from each spouse’s future earnings to the economic circumstances of each spouse to the duration of the marriage to contributions to and sacrifices for the marriage.
- Spousal Support May Be Awarded: In North Carolina, spousal support, or alimony, may be awarded based on the financial needs of one spouse and the ability of the other to pay. Factors influencing alimony include the standard of living established during the marriage, the duration of the marriage, the age and health of both parties and their relative earnings and earning capacities. Multiple types of spousal support can be granted in North Carolina. To be clear, alimony is not guaranteed in every case. Alimony is both determined and calculated on a case-by-case basis.
- Best Interests of the Child (Custody and Visitation): If you are a parent of young kids or teenagers who are getting divorced in North Carolina, you must have a strong understanding of the state’s child custody laws. The child’s best interests will be used to determine custody and visitation. What is best for the child’s health, well-being, and future is the priority.
Understanding the Process for Divorce in North Carolina
How does the divorce process work in North Carolina? The answer depends on certain case-specific factors—with the most important being whether the divorce is uncontested or contested. Here is an overview of the key points to understand:
- Uncontested Divorce: An uncontested divorce in North Carolina occurs when both spouses agree on all relevant major issues—from property division to alimony to child custody. It is a type of divorce that can proceed without a trial. As such, an uncontested divorce is faster and less expensive than a contested divorce. The couple must still meet the state’s requirement of living separately for at least one year in order to be able to file for divorce, even if they complete a comprehensive settlement agreement prior to that time. Once the separation period is complete and a comprehensive settlement agreement is in place, the spouses can file for divorce jointly.
- Contested Divorce: A contested divorce happens when the spouses cannot agree on one or more key issues. While less common, it may be required in some cases. A contested divorce typically starts with one spouse filing a complaint for divorce and any other relevant legal issues, followed by the other spouse responding. The court may order mediation to attempt to resolve disputes amicably. If mediation fails, the outstanding issues will proceed to trial and the court will decide on key issues.
How Our Charlotte Divorce Lawyers Can Help You Navigate a North Carolina Divorce
Divorce is hard. A comprehensive understanding of North Carolina’s divorce laws can help to make navigating the process less challenging. You do not have to go through it alone. At Remington & Dixon, PLLC, our family lawyer Jennifer Dixon, provides personalized, solutions-focused guidance and support. We are prepared to handle all aspects of your divorce case—from the paperwork to property division to issues related to child custody/child visitation.
Call Our North Carolina Divorce Attorney for a Confidential Consultation
At Remington & Dixon, PLLC, our Charlotte divorce lawyer is an experienced, effective advocate for clients. If you have any specific questions or concerns about the divorce laws in North Carolina, we are here as a resource. Give us a call now or contact us online to arrange your fully private case evaluation. With a law office in Charlotte, we handle both contested divorce cases and uncontested divorce cases in Mecklenburg County and throughout the surrounding region.
