How to Get a Divorce in NC: A Step-by-Step Guide

Introduction: Navigating the Divorce Process with Confidence

Divorce can be an emotionally and legally complex process, but understanding the steps involved can empower you to take control of your situation. In this comprehensive guide, we’ll break down the process of getting a divorce in North Carolina, providing you with clear and practical information to navigate this challenging time with confidence.

Getting Started: Assessing Your Situation

1. Determine Eligibility and Grounds for Divorce

In North Carolina, you can file for divorce based on several grounds, including:

• No-Fault Divorce: No specific reason is required.
• Fault-Based Divorce: Based on specific marital misconduct, such as adultery or abandonment.

2. Establish Residency Requirements

You must have lived in North Carolina for at least six months before filing for divorce.

Filing the Divorce Petition

3. Drafting and Filing the Petition

The first step is to file a divorce petition with the Clerk of Court in the county where you reside. The petition should state your grounds for divorce, request a separation of assets, and provide other relevant information.

4. Serving the Petition

Once you file the petition, you must "serve" it on your spouse, meaning you must provide them with a copy of the documents. This can be done in person or through certified mail.

Separation and Temporary Orders

5. Separation and Property Division

During the separation period, you and your spouse should separate your lives as much as possible. This includes dividing property and establishing financial arrangements.

6. Obtaining Temporary Orders

If necessary, you can file for temporary orders during the separation period to address issues such as child custody, support, and property usage.

Discovery and Settlement

7. Discovery Process

Once the divorce petition is filed, both parties have the opportunity to gather information and evidence through the discovery process. This may involve exchanging financial documents, interviewing witnesses, and conducting depositions.

8. Negotiating a Settlement

Many divorces are resolved through a negotiated settlement. This involves working with your spouse and your attorneys to reach an agreement on all outstanding issues, including property division, child custody, and support.

Trial and Judgment

9. Trial

If a settlement cannot be reached, the case may go to trial. The judge will hear evidence and arguments from both parties before making a decision on all contested issues.

10. Divorce Judgment

Once the trial is complete, the judge will issue a divorce judgment. This document will legally dissolve the marriage and specify the terms of the divorce, including property division, child custody, and support.

Post-Divorce Considerations

11. Modifying the Divorce Judgment

In some cases, circumstances may change after the divorce judgment is entered. You may be able to file a motion to modify the judgment if there has been a substantial change in circumstances, such as a significant change in income or a child’s needs.

12. Getting Support After Divorce

Divorce can be difficult emotionally and financially. There are resources available to help you cope, including support groups, counselors, and financial advisors.

Conclusion: Empowering Yourself with Knowledge

Getting a divorce in North Carolina can be a challenging process, but it’s important to remember that you’re not alone. By following these steps and seeking support from loved ones and professionals, you can navigate this transition with confidence.

Check out our other articles for additional information on divorce:

• 10 Tips for Coping with the Emotional Rollercoaster of Divorce
• How to Create a Financial Plan After Divorce
• Finding Love Again After Divorce: Tips for Moving On

FAQ about Getting a Divorce in NC

How long does the divorce process take?

• P (Problem): The divorce process in North Carolina can take a significant amount of time.
• A (Action): To initiate the divorce, you must file a Complaint for Divorce with the Clerk of Court in the county where you reside. The other party (the Respondent) must be served with the Complaint and Summons. The Respondent then has 30 days to file an Answer. If the Respondent does not file an Answer, the Court may enter a default judgment. A divorce cannot be granted until at least 30 days after the Complaint is filed.
• S (Solution): If both parties agree on the terms of the divorce, they may file a Joint Petition for Divorce, which can expedite the process. However, if there are contested issues, such as child custody or property division, the process can take longer.

What are the grounds for divorce in NC?

• P (Problem): North Carolina has several different grounds for divorce, including:
• 1. Inability to live together
• 2. Willful abandonment
• 3. Cruelty and intolerable treatment
• 4. Felony conviction
• 5. Incurable insanity
• A (Action): When filing for divorce, you must state the ground(s) for divorce in your Complaint.
• S (Solution): It is important to choose the ground(s) for divorce that best fits your situation. An experienced family law attorney can help you understand the different grounds and how they may affect your case.

How much does it cost to get a divorce in NC?

• P (Problem): The cost of a divorce in North Carolina can vary depending on several factors, such as whether the divorce is contested, the complexity of the case, and whether you hire an attorney.
• A (Action): Filing fees and other court costs can range from a few hundred dollars to several thousand dollars. If you hire an attorney, their fees will also need to be considered.
• S (Solution): To save money on divorce costs, consider mediation or other alternative dispute resolution methods.

Do I need to hire an attorney to get a divorce?

• P (Problem): It is not required to hire an attorney to get a divorce in North Carolina. However, an attorney can provide valuable guidance and representation throughout the process.
• A (Action): If you have a complex case or contested issues, it is highly recommended to hire an attorney. An attorney can help you protect your rights and interests.
• S (Solution): If you decide to represent yourself, be sure to do your research and understand the legal process.

What is the difference between an absolute divorce and a limited divorce?

• P (Problem): North Carolina offers two types of divorce: absolute divorce and limited divorce.
• An absolute divorce completely dissolves the marriage.
• A limited divorce, also known as a "divorce from bed and board," does not dissolve the marriage but legally separates the parties.
• A (Action): When filing for divorce, you must specify whether you are seeking an absolute divorce or a limited divorce.
• S (Solution): An absolute divorce is typically the preferred option as it completely dissolves the marriage and allows both parties to remarry.

What are the residency requirements for divorce in NC?

• P (Problem): To file for divorce in North Carolina, you must meet certain residency requirements.
• A (Action): You must have been a resident of North Carolina for at least six months before filing for divorce.
• S (Solution): If you do not meet the residency requirements, you will need to file for divorce in a different state.

How do I get a child custody order in NC?

• P (Problem): If you have children, you will need to get a child custody order as part of your divorce.
• A (Action): You can either agree on a custody arrangement with your spouse or request the Court to make a determination.
• S (Solution): The Court will consider several factors when making a custody determination, such as:
• The best interests of the child
• The child’s age and needs
• The parents’ ability to provide a stable and loving home
• The parents’ wishes

How do I divide property in a divorce in NC?

• P (Problem): When you get a divorce, you will need to divide your marital property.
• A (Action): North Carolina is an equitable distribution state, which means the marital property will be divided fairly but not necessarily equally.
• S (Solution): A marital property agreement is included in the Complaint for Divorce. The Court will consider several factors when dividing property, such as the value of the property, the length of the marriage, and each party’s contribution to the marriage.

How do I get spousal support in NC?

• P (Problem): Spousal support, also known as alimony, may be awarded to one spouse during or after a divorce.
• A (Action): To be eligible for spousal support, you must show that you are unable to support yourself.
• S (Solution): The amount and duration of spousal support will vary depending on several factors, such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.

How can I get a divorce if my spouse is not cooperating or cannot be found?

• P (Problem): If your spouse is not cooperating with the divorce or cannot be found, you may still be able to get a divorce.
• A (Action): You can request the Court to appoint a guardian ad litem to represent your spouse.
• S (Solution): The guardian ad litem can help ensure that your spouse is properly served with the Complaint and Summons and that their interests are protected throughout the divorce process.