A party seeking divorce in North Carolina must show that the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months.
What counts as separation, and what breaks it
Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.
Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2.
What defenses cannot block a divorce
A divorce under G.S. 50-6 shall not be barred to either party by any defense or plea based upon any provision of G.S. 50-7, a plea of res judicata, or a plea of recrimination.
Alimony rights and the divorce judgment
A divorce under G.S. 50-6 shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action.
How property is divided: equitable distribution
Upon application of a party, the court shall determine what is the marital property and divisible property and shall provide for an equitable distribution of the marital property and divisible property between the parties.
The rights of the parties to an equitable distribution of marital property and divisible property are a species of common ownership, the rights of the respective parties vesting at the time of the parties’ separation.
What is marital property
Marital property includes all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation of the parties, and presently owned, except property determined to be separate property or divisible property.
It is presumed that all property acquired after the date of marriage and before the date of separation is marital property except property that is separate property under G.S. 50-20(b).
What is separate property
Separate property includes all real and personal property acquired by a spouse before marriage or acquired by a spouse by devise, descent, or gift during the course of the marriage.
What is divisible property
Divisible property includes all appreciation and diminution in value of marital property and divisible property of the parties occurring after the date of separation and prior to the date of distribution, except that appreciation or diminution in value that is the result of postseparation actions or activities of a spouse is not treated as divisible property.
How the court divides property
There shall be an equal division by using net value of marital property and net value of divisible property unless the court determines that an equal division is not equitable.
Equitable distribution and death
A claim for equitable distribution, whether an action is filed or not, survives the death of a spouse so long as the parties are living separate and apart at the time of death.
Any claim for equitable distribution against the surviving spouse made by the estate of the deceased spouse shall be filed with the district court within one year of the date of death of the deceased spouse or be forever barred.
Questions people ask about divorce in North Carolina
How long do we have to be separated before we can file for divorce in North Carolina?
A party seeking divorce in North Carolina must show that the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months.
Does sleeping together once restart the one-year separation clock?
Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.
What property do I have a right to in a North Carolina divorce?
Upon application of a party, the court shall determine what is the marital property and divisible property and shall provide for an equitable distribution of the marital property and divisible property between the parties. There shall be an equal division by using net value of marital property and net value of divisible property unless the court determines that an equal division is not equitable.
Is property I owned before the marriage at risk in a divorce?
Separate property includes all real and personal property acquired by a spouse before marriage or acquired by a spouse by devise, descent, or gift during the course of the marriage.
What happens to increases in value of marital assets after we separate?
Divisible property includes all appreciation and diminution in value of marital property and divisible property of the parties occurring after the date of separation and prior to the date of distribution, except that appreciation or diminution in value that is the result of postseparation actions or activities of a spouse is not treated as divisible property.
Will the divorce wipe out my right to alimony?
A divorce under G.S. 50-6 shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action.
What if my spouse dies before the property division is finished?
A claim for equitable distribution, whether an action is filed or not, survives the death of a spouse so long as the parties are living separate and apart at the time of death. Any claim for equitable distribution against the surviving spouse made by the estate of the deceased spouse shall be filed with the district court within one year of the date of death of the deceased spouse or be forever barred.
Can fault or misconduct be used to block a divorce in North Carolina?
A divorce under G.S. 50-6 shall not be barred to either party by any defense or plea based upon any provision of G.S. 50-7, a plea of res judicata, or a plea of recrimination.
Talk with Martine Law about your divorce
Martine Law handles divorce cases across North Carolina. Call to set up your consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason.