North Carolina Divorce Law
Divorce Laws in North Carolina
North Carolina divorce laws have maintained only two fault grounds required
for divorce. The first is a one-year separation, where you must, under oath,
state that you and your spouse have lived in separate residences for a year.
The second ground is incurable insanity. Additionally, divorce in North Carolina
is not a complicated process. One of the spouses must have resided in North
Carolina for at least 6 months prior to filing for a divorce in North Carolina.
Once the complaint is filed, served and signed by the judge the divorce process
Alimony & Equitable Distribution in North Carolina
North Carolina is known as an equitable distribution state. According to the
divorce laws in North Carolina this means that the marital property must be
divided fairly or equitably, but not necessarily equally. The property may be
distributed based on a voluntary agreement between the spouses, or when an agreement
cannot be reached, by order of the judge and documented by a separation agreement.
Alimony is granted as payments for the support and maintenance of a spouse.
15 statutory factors, including but not limited to, marital misconduct, the
relative earnings of both spouses, the duration of the marriage and the prior
standard of living, are evaluated before any alimony is granted.
North Carolina Child Support, Child Custody and Child Visitation
According to North Carolina divorce law, the parents may decide who receives
custody of their children. If they are unable to come to an agreement the court
will resolve the matter. Such issues as the age of the children, the time available
of each parent to spend with the child, the stability of the relationship between
the parent and child as well as the efforts of the parents are considered. The
non-custodial parent shall be granted visitation rights to see the children.
Child support (a percentage of the non-custodial parents income paid to assist
with the support of his children) is determined by the “child support
guidelines” as set forth by divorce law in North Carolina. Both parents
are responsible for the support of their children in North Carolina, except
when both parents have the same income and spend the same amount of time with