For members of the Mormon community, divorce can feel more complicated than it does for others. That’s because it may involve two distinct processes:
- The civil divorce process in North Carolina courts.
- The religious process within the LDS Church.
If you’re a Mormon living in North Carolina and facing the possibility of divorce, legal counseling is also important. Contact a lawyer who can take care of the legal process while respecting and understanding the religious process.
Civil Divorce in North Carolina
In North Carolina, divorce is a civil process handled entirely through the state court system, regardless of religious background.
Residency Requirement
- At least one spouse must have lived in North Carolina for six months before filing for divorce. (N.C. Gen. Stat. § 50-8)
Separation Requirement
- North Carolina requires that spouses live separately and apart for at least one year before they can file for an absolute divorce.
No-Fault Divorce
- North Carolina follows a no-fault divorce system. That means you don’t have to prove adultery, abuse, or wrongdoing. Simply showing the marriage has broken down after the one-year separation is enough.
Issues Decided by the Court
Alongside the divorce, the court may decide on:
- Division of marital property and debts
- Child custody and parenting time
- Child support
- Alimony (spousal support) when appropriate
Forms and additional information are available through the North Carolina Judicial Branch for Separation Help Topics.
Religious Divorce in the LDS Church
For Mormon members, civil divorce alone does not automatically change their standing in the church. Instead, the church has its own process.
Temple Marriage and “Sealing”
Many LDS marriages are performed as temple sealings, which the church views as eternal covenants. A civil divorce granted in North Carolina ends the marriage legally, but the sealing remains in effect until the church grants a cancellation.
Steps in the Religious Process
- Local Leaders’ Involvement: Church members typically meet with their bishop or stake president to discuss their circumstances.
- Application for Cancellation of Sealing: The spouse seeking to end the temple sealing submits an application through church leadership.
- Review by LDS Leadership: The First Presidency of the church decides whether to grant a cancellation of the sealing.
Why This Matters
- Members who wish to remarry in the temple usually must secure a cancellation of the prior sealing.
- The process is entirely separate from state law and is governed by church policies, not North Carolina statutes.
Navigating Both Systems
For Mormon members, it’s important to approach divorce with both legal and spiritual considerations in mind. Here are some key points:
- Civil divorce comes first. Without it, property, custody, and legal rights remain unresolved.
- Church processes do not replace civil law. Even if your bishop supports your divorce, you must still go through the state’s legal system.
- Two different outcomes. A civil divorce ends the marriage legally, while a sealing cancellation addresses spiritual matters.
Why Legal Representation Is Important
Even if your religious community is supportive, you still need to protect your rights in North Carolina courts. Divorce can affect:
- Your financial stability
- Your ability to co-parent
- Your property and assets
- Your long-term future
Having an attorney ensures that your civil divorce is handled correctly and that your rights are protected while you manage the separate church process with your leaders.
Key Takeaways
- Mormons in North Carolina must follow the state’s civil divorce process just like anyone else.
- The LDS Church has its own religious process (cancellation of sealing), which is separate from civil law.
- A civil divorce determines property division, custody, and support.
- A sealing cancellation affects only church records and spiritual standing.
- You may need to navigate both processes, but only the civil process affects your legal rights.
If you are a Mormon considering divorce in North Carolina, the process can feel overwhelming. You need to balance your faith with the realities of state law. At Martine Law, our experienced family law attorneys can guide you through the civil divorce process so you can move forward with clarity and confidence.
Contact us today for a confidential consultation: Martine Law Contact Page.