Divorce
A couple can file for divorce in North Carolina after one year of separation. The spouses must have lived separate and apart from one another for the year without intending to resume the marital relationship. At least one of the partners must have lived in the state for at least six months before filing for divorce.
North Carolina is a no fault divorce state. Spouses do not need to allege a specific reason when filing for divorce. However, marital misconduct can affect financial support or custody issues.
Alimony and division of the marital property must be resolved before a final judgment of divorce is entered. These issues can be resolved by separation agreement or, if no agreement can be reached, by order from the Court. Similarly, postseparation support and child custody can be resolved by separation agreement or order from the court.
Child Custody and Support
Your children are the most important product of a marriage. Upon separation, it is paramount to protect your custodial rights early. Whether agreed to or determined by a judge, you must get your rights to physical and legal custody set and in writing so you know when you will see your children and that you will have a say in their upbringing.
Child support is ordered based on income levels, the number of children, and the division of physical custody. One spouse is designated as the supporting spouse, and the other the dependent spouse. Child support can be agreed to or determined by a judge.
Financial Support and Alimony
Financial support is awarded to one partner. One spouse is designated as the dependent spouse and receives support payments from the supporting spouse. Postseparation support is awarded during the period of separation until a determination of alimony. Alimony is financial support after a judgment of divorce has been entered. Either form of financial support can be determined by separation agreement or order of the court.
Property Division
Marital property includes assets and debts, and both are divided between spouses in a process called equitable distribution. Assets could include the house, cars, bank accounts, investments, pensions and retirement plans, and other property acquired during the marriage. Debts include could include the mortgage, credit card debt, and other debt incurred during the marriage. Whether divided by agreement or order of the court, the division is not always 50/50.
Domestic Violence
