Navigating the divorce process can feel overwhelming, especially when emotions run high. Understanding the basics of divorce in North Carolina can help you approach it with greater confidence. You may find it helpful to know the answers to some of the most common questions about divorce in the state.
1. How long do I have to live in the state to file for divorce?
You must reside in North Carolina for at least six months before filing for divorce. This residency requirement ensures the state has jurisdiction over your case. If you recently moved, you may need to wait before beginning the process.
2. What are the grounds for divorce?
North Carolina offers two primary grounds for divorce. The most common is a one-year separation, which means you and your spouse must live apart for at least 12 consecutive months with no intent to reconcile. The second is incurable insanity, which requires specific conditions and evidence.
3. Do I need to prove fault to get a divorce?
North Carolina allows no-fault divorces, which means you do not need to prove wrongdoing by your spouse. Meeting the one-year separation requirement is enough to proceed with the divorce.
4. How is property divided during a divorce?
The state follows equitable distribution laws. This means the court divides marital property fairly, though not always equally. Factors such as the length of the marriage, income, and contributions to the household can influence the division of assets.
5. What happens if we have children?
Child custody and support are handled separately from the divorce. Courts prioritize the best interests of the child when determining custody arrangements. Parents can create an agreement, or the court will decide if they cannot reach one.
Divorce can be a challenging process, but knowing what to expect helps ease the stress. Understanding the process prepares you for the steps ahead. Educate yourself on the proceedings and take time to make informed decisions for your future.