North Carolina Family Law Resources

The divorce process can quickly become time-consuming and emotional. If you have large assets or children involved, it can raise the stakes and cause stress. If you are thinking about a divorce or any other family law issue, contact the experienced North Carolina family lawyers at Cordell & Cordell.

Review our articles on North Carolina divorce and child custody to better understand important nuances. Familiarizing yourself with the divorce process in North Carolina can enhance your communication with your divorce lawyer, ultimately helping you achieve your objectives in court.

• Charlotte Fathers’ Rights
• Durham Fathers’ Rights

North Carolina Divorce Process

Absolute divorce in North Carolina is the legal ending of your marriage so that you may marry another person. Absolute divorce in North Carolina alone does not address issues of:

• Child custody
• Child support
• Property division
• Alimony

To address those issues, the individual must file a separate action asserting those rights.

To obtain an absolute divorce, you must meet the requirements as set out in the North Carolina statutes. The requirements are as follows:

• (1) one party must be a resident of the state of North Carolina for at least six (6) months prior to filing and either one of the two conditions must be met:
• (2a) the parties must have lived separate and apart from one another for one year
• (2b) one of the parties must prove incurable insanity on the other party.

Once you have met the separation period, you can serve your spouse with divorce papers. During the one year period, most often you’ve already resolved or are in the process of dealing with custody, asset division, etc.

Related Article: Divorce Information for Every Step of Divorce

North Carolina Residency Requirements

In North Carolina, one of the parties must be a resident of the state six (6) months prior to filing the lawsuit.

Residency is used synonymously with domicile, and the courts have interpreted that to mean that an individual must have a residence in North Carolina and have the intent to remain here indefinitely/permanently.

Related Article: What Is The Residency Requirement For Filing For Divorce?

Grounds for Divorce in North Carolina

Being North Carolina is a no-fault divorce state, to consider granting a divorce, there must be a separation for one year (living separately).

Separate and Apart

Regarding divorce in North Carolina, North Carolina’s public policy is to encourage individuals to work out their differences and stay married to one another. North Carolina is a pro-marriage state.

Therefore, North Carolina has a strict one-year requirement that must be met before individuals can obtain a divorce. The statute requires that the parties “remain separate and apart with the intent not to resume the marital relationship.”

North Carolina courts have shed some light on what it means to be separate and apart. Unfortunately, sleeping in separate beds or in different parts of the house is not enough.

The parties must be in different homes for the period to begin to run. Alternatively, cases have said that living in separate units of the same home with separate entrances can count as separated, but you must look at whether the parties are holding themselves out as married or if they’re holding themselves out as being separated publicly. It must be one full year. Therefore, the parties must wait a year and a day in order to file for an absolute divorce.

There has been some debate about whether isolated incidents of sexual intercourse during the separation period negate the separation period and start the one-year period over again. North Carolina case law has shed some light on the issue and has said that these isolated incidents will not, as an absolute rule, negate the separation period.

Instead, the date of separation will be determined by all of the surrounding circumstances and on a case-by-case basis, taking into consideration any isolated incidents.

Related Article: North Carolina Divorce Questions

North Carolina Property Division Process

North Carolina is an equitable distribution state. A court will only divide property considered to be marital and divisible property. This means division of marital assets (and debts) will be fair, but not necessarily 50/50. Factors a court will consider include but aren’t limited to:

• Income, property, and debts of each party
• Length of marriage
• Age of each party
• Physical and mental health of each party
• Support obligations from prior marriages
• Needs of child custodial party to own or live in the marital home
• Expectation of retirement benefits
• Contributions to higher education by one spouse to benefit the other
• Contributions made to increase value of real estate properties
• Financial responsibility of each party during the marriage

This is not a comprehensive list, but a general overview of what a court looks at when dividing assets.

North Carolina Child Custody Laws

In North Carolina there are two primary types of child custody:

1. Legal custody: the right to make major decisions regarding a child’s life (e.g. education, medical, and religion) and may be granted to both parents or one parent
2. Physical custody: who the child primarily resides with for the majority of the time, or a court may decide joint physical custody

When deciding custody matters, the law does not prefer one parent over the other. Instead, the court will take several factors into consideration when determining the best interests of the child, including but not limited to:

• Living situation of each parent
• Parental relationship with the child
• Ability to provide a safe and stable home environment

Related Article: North Carolina Child Custody Questions

North Carolina Child Support

Child support calculations take several factors into consideration, such as the number of minor children, custody arrangements, parental income, pre-existing child support payments for other children, health insurance premium costs, child care expenses, and other extraordinary expenses.

Additionally, in North Carolina, you can have a separation agreement that outlines how much and when child support will be paid. Child support may be paid until one of the following conditions are met:

• The child turns 18.
• Age 20 if they have not yet finished high school and are making academic progress to finishing
• If a child has special needs continuing into adulthood, child support may potentially be extended.

North Carolina Spousal Support

North Carolina courts do not automatically award a spouse alimony. A spouse must file a request, and the courts will examine the finances of both parties. This, along with other factors a court examines, will determine whether spousal support will be awarded. For example, if one spouse worked for 15 years of marriage and the other took care of children and doesn’t have earning capacity, a court will weigh this when making its decision.

Related reading: Modifying Child Support and Alimony

Why Work With Cordell & Cordell

Cordell & Cordell was founded in 1990 and has been championing the rights of men ever since. Our family law attorneys have seen, even if it’s inadvertent, biases men face in child custody and domestic disputes.

Our attorneys believe in righting these wrongs. This is why we will aggressively fight for your rights. If a case needs to go to court, we will not hesitate to do so. We believe in representing men to act as their advisors and advocates while protecting their family and financial interests. Here is what some clients have said about their experience working with our firm.

“Everything was done well and competently, and everything seemed very above board.” – Philip.

“All around [my attorney] did exceptionally well for me. He got everything I was fighting for, he communicated with me well, and it was just all around a great experience.” — Dale D.

“[My attorney] is the very definition of perfection! She helped me so much in so many different ways that I can’t count. She always made me feel like I was her only client. She responded with only information that I needed and responded in a timely manner. I don’t think I would have ever been treated this way if it was anyone else. I was referred by another client of the firm. He told me that your firm did his case and that he wouldn’t use anyone else. I second that! If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and professionally unmatched!!” — Jeffery M.

The Experienced Attorneys at Cordell & Cordell Are Here to Help

The divorce attorneys at Cordell & Cordell are here for you. We understand how difficult it can be to go to family court and having to settle many issues with a system that is working against you. To schedule a consultation with one of our North Carolina divorce attorneys, call our legal team at 866-DADS-LAW (323-7529) or fill out our online contact form.