Divorce is never easy, but understanding the legal process can make it less overwhelming. If you’re considering divorce in North Carolina, you need to understand that it is a no-fault divorce state.
In this guide, we’ll break down what a no-fault divorce means, North Carolina’s requirements, and how an experienced family law attorney can help you navigate the process.
What Is a No-Fault Divorce?
A no-fault divorce means that you don’t have to prove your spouse did anything wrong, such as adultery, abandonment, or abuse, to file for divorce. Instead, you simply have to show that the marriage is irretrievably broken and that you meet the legal separation requirement.
This can make the divorce process simpler and less contentious, as the focus is not on blaming one spouse but on resolving issues like property division, custody, and support.
If you want to divorce, call our lawyers today.
Requirements for a No-Fault Divorce in North Carolina
To qualify for a no-fault divorce in North Carolina, you must meet these criteria:
- One Year of Separation
You and your spouse must live separately for at least one continuous year with the intent to end your marriage. Living in separate rooms in the same house does not count as legal separation. - Residency Requirement
At least one spouse must have lived in North Carolina for six months or longer before filing for divorce. - Intent to Divorce
At least one spouse must have intended for the separation to be permanent from the beginning of the one-year period.
Once these requirements are met, you can file for divorce regardless of why the marriage ended.
Fault Grounds Still Matter for Certain Issues
Even though North Carolina is a no-fault divorce state, fault-based behavior can still impact other parts of your divorce, including:
- Alimony: A spouse’s marital misconduct, such as adultery or abuse, may affect whether alimony is awarded.
- Child Custody: Courts prioritize the child’s best interests, and evidence of abuse, neglect, or substance abuse can influence custody decisions.
- Property Division: Fault usually doesn’t impact property division, but hiding assets or wasting marital funds could affect the court’s ruling.
So, while you don’t have to prove fault to get divorced, evidence of wrongdoing may still play a role. Get an assessment and make the right moves for your particular divorce case.
The Divorce Process in North Carolina
Here’s a brief overview of how a no-fault divorce works in the state:
- Separation Period: Live separately for one year.
- File for Divorce: File a Complaint for Absolute Divorce with your local county court.
- Serve Your Spouse: Legally notify your spouse about the divorce.
- Court Hearing: If all requirements are met, a judge will grant your divorce.
- Finalize Other Issues: Property division, custody, and support arrangements can be settled during or after the divorce.
Why You Should Still Hire a Divorce Attorney
Even in a no-fault divorce, legal guidance is essential. An experienced North Carolina divorce attorney can:
- Help you understand your rights and protect your interests
- Negotiate fair property and custody arrangements
- Represent you in court if disputes arise
- Ensure you avoid costly mistakes during the process
Get Help with Your Divorce Today
Are you or a loved one considering divorce? Are you feeling overwhelmed, uncertain, or unsure where to start? You’re not alone. A skilled family law attorney can guide you through the process, protect your future, and make sure your rights are secure every step of the way.