Divorce in North Carolina Demystified

NC state flag - divorce in North Carolina

Divorce can be a challenging journey, and every state has its own rules. This page is here to guide you through divorce in North Carolina. While we cover the basics, remember, there’s always more detailed info and helpful links available on this page.

Divorce Laws in North Carolina

North Carolina is unique in its approach to divorce. Unlike some states, it mainly offers ‘no-fault’ divorce. This means you don’t need to prove your spouse did something wrong to get divorced.

To file here, either you or your spouse must have lived in North Carolina for at least six months before filing. There’s also a mandatory one-year separation period. This period is a time when you and your spouse must live apart before you can file for divorce. This rule is different from many other states, where you might not have to wait so long.

Filing for Divorce in North Carolina

Starting a divorce in North Carolina involves several steps. First, you need to make sure you meet the residency requirement. Then, you’ll file divorce papers in the county where you or your spouse live.

After filing, you must ‘serve’ these papers to your spouse, which means giving them a copy in a legal way. There are specific forms and procedures you must follow, which are unique to North Carolina. This part of the process is really important to get right.

Get a more detailed overview of this process in the article, How To File For Divorce in NC.

Child Custody and Support

In North Carolina, child custody decisions are based on what’s best for the child. The courts look at many things, like the child’s needs, the parents’ situations, and how the child feels (if they’re old enough). For child support, North Carolina has guidelines to figure out how much should be paid. These guidelines consider both parents’ incomes and the needs of the child. The state’s approach is pretty detailed, ensuring that the child’s well-being is the focus.

Alimony/Spousal Support

Alimony, or spousal support, isn’t automatic in North Carolina. The courts look at several things like how long you were married, each spouse’s earnings, and the needs of each person. This part of divorce can be different for everyone, depending on their situation.

Property Division

When it comes to splitting up stuff you own together, North Carolina uses ‘equitable distribution.’ This means the court tries to divide things fairly, but not always equally. They look at what each person contributed to the marriage and their future needs.

Divorce in North Carolina: More Info and Help

Need more details? We’ve got you covered. Check out the links on this page for in-depth information. They’ll take you to North Carolina’s family law courts, official government resources, and places where you can get legal help.

NC Divorce Forms

Simplified Divorce:

Complaint for Absolute Divorce: https://www.nccourts.gov/assets/inline-files/NC-Divorce-Packet-Aug-2019.pdf
Verification: https://www.nccourts.gov/documents/forms
Domestic Civil Action Cover Sheet: https://www.nccourts.gov/documents/forms/domestic-civil-action-cover-sheet
Civil Summons: https://www.nccourts.gov/documents/forms/civil-summons
Certificate of Service: https://www.nccourts.gov/documents/forms
Judgment of Absolute Divorce: https://www.nccourts.gov/assets/documents/forms/cv710-en.pdf?VersionId=6oIyqdgLdFY3sl_QN_ike8ji_vrTHuJe

Contested or Uncontested Divorce (with or without children):

Complaint for Dissolution of Marriage: https://www.nccourts.gov/assets/inline-files/NC-Divorce-Packet-Aug-2019.pdf
Financial Affidavit (Family Law): https://www.nccourts.gov/assets/documents/local-rules-forms/236.pdf
Affidavit of Corroborating Witness: https://www.nccourts.gov/documents/forms
Notice of Social Security Number: https://www.nccourts.gov/documents/forms
Parenting Plan: https://www.nccourts.gov/help-topics/family-and-children/child-custody
Child Support Guidelines Worksheet: https://ncchildsupport.ncdhhs.gov/ecoa/cseGuideLines.htm
Judgment of Dissolution of Marriage: https://www.nccourts.gov/assets/documents/forms/cv710-en.pdf?VersionId=6oIyqdgLdFY3sl_QN_ike8ji_vrTHuJe

Additional Forms:

Motion for Temporary Relief: https://www.nccourts.gov/documents/forms
Waiver of Service: https://www.nccourts.gov/documents/forms
Proof of Service: https://www.nccourts.gov/documents/forms

Resources:

NC Courts – Family Law Forms: https://www.nccourts.gov/assets/documents/local-rules-forms/236.pdf
NC Courts – Divorce Packet: https://www.nccourts.gov/assets/inline-files/NC-Divorce-Packet-Aug-2019.pdf
NC Courts – Self-Help Center: https://www.nccourts.gov/locations/mecklenburg-county/selfserve-center
LawHelpNC.org: https://www.lawhelpnc.org/

Remember

This guide gives you a general idea about divorce laws in North Carolina. But it’s not the same as legal advice. For your specific situation, it’s always a good idea to talk to a lawyer.