NC Divorce Laws

It is never easy to admit that your marriage has become unbearable and that splitting up is the only option after trying to make it work. Furthermore, marriage dissolution may bring even more disappointment as come at a high cost as legal assistance is pricey. However, U.S. citizens have a good option to avoid using an attorney’s assistance, as an uncontested divorce can be less expensive. If you are a resident of North Carolina and want to find out whether you are eligible for a streamlined procedure, read about NC divorce laws in order to get an answer to this important question and use our service to check whether you meet all the conditions.

North Carolina divorce laws

Divorce law in NC is intended to help residents dissolve unsuccessful marriages. When speaking about the specifics of divorce laws in NC, it is useful to note that the state follows basically the same legal pattern as the rest of the USA with a few differences. All American states recognize the importance of giving U.S. citizens an opportunity to quit their marriages easily and at a low cost. Hence, every American state has its own legislation prescribing the order of actions involved in the process of marriage dissolution. NC divorce law is intended to help divorcing couples get an official judgment do dissolve their marriage, and there are two different ways for divorcing couples to split up officially in North Carolina.

The first and most expensive option is called a contested procedure. North Carolina divorce law views it as a process in which spouses cannot come to a consensus on one or several essential terms of their breakup (e.g. property division or child custody). At this point, one of the local district courts will deal with the case by conducting a meticulous analysis of all significant issues involved in the conflict between the spouses. The core aim of the judge will be to fairly divide the property between ex-spouses, establish child custody rules, and make a decision on whether either partner will be obliged to pay alimony. Since such cases involve a conflict between spouses, it is natural that they need to seek an attorney’s assistance in order to protect their own interests. It is not surprising that such cases involve high fees, which can range from $5,000 to $20,000 and even higher depending on the case circumstances and the reputation of the attorney.

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The second option is an uncontested divorce, which not only allows individuals to avoid paying enormously high fees to attorneys but also gives them the opportunity to have a streamlined procedure. According to divorce law in North Carolina, this procedure is also referred here as an “absolute divorce”. The main feature of this procedure is that it is meant to help divorcing couples have a clear plan of how they will divide their property and resolve other controversial issues following their breakup. Divorce laws in North Carolina establish a set of requirements defining whether a person has a right to file for divorce in one of the state’s district courts. The main requirement is that at least one spouse must reside in North Carolina for a minimum of 6 months in order to have their case handled here. Additionally, NC marriage laws on no-contest divorce also require spouses to live separately for at least one year as solid proof of the fact that their marriage is over. In other aspects, NC laws on divorce are similar to those used throughout the country.

The NC divorce process

Additionally, the divorce process in NC also has some important particulars that should be kept in mind. Regarding the North Carolina divorce process, it should be noted that the procedure starts as soon as one spouse writes a complaint to the respective district court. The divorce process in NC also expects that the petitioning spouse send divorce papers to their spouse as a way to ensure that both parties are informed about the future court proceedings. If you are going to divorce in NC, the process of your separation will be dictated by the principles of local family law. In other words, the divorce process in North Carolina is a rather easy procedure, but there are still some requirements that you will need to meet when filing for the divorce.  

Grounds for divorce in NC

There are various reasons why people may wish to dissolve their marriage. NC divorce requirements make it clear that spouses should be positive that their relationship cannot be saved by any means. NC’s divorce procedure has the following grounds that give a spouse the right to file for divorce: incurable insanity of the other spouse, separation for a period exceeding one year, desertion, cruel treatment, adultery, drug or alcohol abuse, and indignities. Should these problems happen in a marriage, either spouse can go to court and file for divorce. North Carolina’s divorce procedures are intended to protect individuals suffering from domestic violence or cheating spouses by allowing them to end their marriage based on the above-mentioned list of reasons for divorce in NC. All they must do is follow the rules for divorce in NC strictly in order to get the judgment from a judge and start their life from scratch.

Steps to divorce in NC

It is also important to briefly describe the steps to getting a divorce in North Carolina in order to clarify the order of actions that people should take. Steps for divorce in North Carolina may start with turning to for help. We will provide all the papers that will be correctly filled out so that you will never experience any issues in court. Also, we will send you all the instructions on how to register your documents in the local district court. Next you must send the documents to your spouse as it is obligatory to inform him or her officially about all actions you take in regard to the divorce process. Appearing in front of the court may be optional depending on the type of procedure you choose. After completing these steps, you should wait at least 30 days for your judgment if the court has no other questions to clarify before making its decision.

States divorce law