How Long Do You Have To Be Separated In North Carolina To Get A Divorce
Yes. According to NC divorce laws, in order to file for an Absolute Divorce you must wait until you and your spouse have been separated for one year and one party must have resided in North Carolina for six months prior to the filing of the action.
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North Carolina Divorce Questions And Answers
You need North Carolina divorce information and youve come to right place. Were divorce lawyers only practicing in North Carolina and we exclusively handle family law matters. Rushing into this process too quickly will cost you. You need to time your divorce properly. You need to be certain your divorce achieves your goals and doesnt jeopardize your finances.
How Are Alimony Payments Calculated
North Carolina does not use a formula to calculate alimony payments. Judges have broad discretion based on adhering to a set of factors in North Carolinas alimony laws.
After a spouse demonstrates a need for alimony and the other spouse is in a position to pay alimony, the court considers these factors, as well as any others that are relevant, to come up with a presumptively just and fair duration and amount.
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What Happens To The House In A Divorce
Worried about whether or not you have to sell your house in a NC divorce? Unsure whether you can be legally separated and live in the same house in NC? Anxious about what happens if you cant agree on a divorce settlement?
Many things about divorce are unsettling, but the question of what will happen to the family home is one of the most important issues you will face. The loss of your family home can be devastating as the life of every family member is intricately tied to the home and the community to which it belongs.
Our NC divorce lawyers have helped many satisfied clients, throughout North Carolina, protect their family home during divorce. For additional information about our approach, please call us at or send us an email.
What Is A Separation Agreement In Nc
A separation agreement is a contract that husband and wife can sign that formalizes their separation and provides a plan for the separation period for taking care of children and other shared responsibilities. A separation agreement is not required for a divorce but can be helpful in avoiding many of the problems that arise during a divorce hearing.
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How Is Alimony Determined During Divorce In North Carolina
The general rule is that a spouse is dependent when he or she makes less money than the other spouse. The North Carolina alimony statues contain sixteen factors which when applied to your unique situation will determine whether you are entitled to receive alimony and if so what amount.
If you are concerned about receiving alimony it is very important to have an attorney that is experienced with North Carolina family law handle your case.
In North Carolina fault may be used as a consideration in divorce, however it is not a factor to determine alimony. Alimony is determined by a number of factors and fault will not play into the final determination.
The one exception to this rule is if domestic violence occurred during the marriage, then alimony can be affected depending on the circumstance.
Types Of Divorce Laws In North Carolina
There are a few different types of divorces that can be had in North Carolina, but the most common type is an absolute divorce. An absolute divorce means you and your spouse have nothing to do with each other anymore. You may still live together or even visit each other, but there will not be any contact between you for good. This kind of divorce is very rare, so its best to get it if at all possible.
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And Ira And North Carolina Divorce Laws
The following is general information about the division of 401 and IRA accounts in a divorce. It isnt meant to be legal advice for your particular situation because there are specific rules that apply to this subject. If you have questions about a particular situation, please feel free to call and discuss it.
In North Carolina, a 401 plan is treated as property and is divided between the parties. An IRA, such as an individual retirement account, Roth IRA, or traditional IRA is also generally treated as property and divided between the parties. Under both circumstances, the account is deemed to be a marital asset and must be divided according to the law.
In North Carolina, if you have a 401, you and your spouse are required to take a Qualifying Dividend Process before the division of the plan can be made. This process involves contacting the 401 plan administrator and having them send a form to you and your spouse. The form must be filled out and returned to the plan sponsor.
This form is then sent to the IRS and it notifies you of the tax consequences of taking the distribution in the taxable year in which you take it. I strongly suggest that you consult with your CPA or other tax advisor before deciding whether or not to take the distribution in a particular year.
North Carolina Divorce: Preparing For Separation
One of the unfortunate side effects of the COVID 19 crisis is that for some couples, the constant proximity has solidified that their marriages should end. This is also not an ideal time to separate or divorce, with stay-at-home orders, unemployment, working from home, homeschooling, and an overall focus on survival. Also, courts have continued or postponed all non-emergency family law hearings, and access to courts has been limited.
Nevertheless, if you have decided to end your marriage, it is wise to begin the mental work of planning what your separation will look like. North Carolina is an absolute divorce state, which requires that a married couple separate for a full uninterrupted year before they can ask a court for a divorce decree. There are critical issues that should be addressed before you separate, to be best prepared for that yearlong separation and beyond. These include how marital property is going to be split, whether a spouse will have to pay alimony, child custody and a visitation schedule, and child support.
Critical Questions Before You Separate
A couple must be separated for an uninterrupted year to obtain a divorce. A reconciliation of the marriage resets the timeline. A spouse needs to have some level of certainty that he or she wants the marriage to end.
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When Can I Re
A person in North Carolina is legally free to re-marry as soon as a judge grants an absolute divorce that ends their marriage.
If the terms of your divorce settlement are not yet finalized and there are decisions to be made about children you have together or significant property and/or debts to divide, you might consider the detrimental effect dating may have on
How Is An Alimony Award Enforced
When a spouse falls behind in alimony payments, this debt is known as alimony arrears. In those cases, North Carolina law provides several remedies that allow recipient spouses to collect the amounts rightfully owed to them. Some of these actions include:
- You can file a Motion for Contempt or a Motion for Order to Show Cause, telling the court what part of the order is being ignored and asking the judge to hold that person in contempt of court. A contempt of court order can lead to fines, arrest, and jail time.
- A lump-sum payment for all arrears amounts to the recipient
- Transfer of a property title to the recipient
- Payment of attorney fees and court costs
- Place a lien against the payers real or personal property to secure payment
- Wage garnishment through the payors employer
- Bank accounts levies
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How To File For A Military Divorce In North Carolina
North Carolina divorce law requires one party of the civilian divorce to have been a resident of the state for at least six months prior to filing for divorce. The two spouses must also have been separated for at least a year, living apart and not acting like a married couple. As for North Carolina military divorces, the requirements are relatively similar, although several differences exist. The one-year separation applies too, but the spouse on the military service must only be stationed at one of the military bases in the state for six months before filing for divorce.
Contact An Experienced Raleigh Divorce Attorney For Assistance
It is imperative to ask questions before you file for divorce. Filing for divorce can lead to the loss of untold thousands in property and support. In some cases an unexpected filing can cause your spouse to file counterclaims for Equitable Distribution and Alimony just to preserve them when a settlement could have been easily reached beforehand. If you are thinking of filing for a divorce, the Raleigh divorce attorneys at The Doyle Law Group, P.A. can make help you make informed decisions and avoid very costly mistakes. Just fill out the contact form on our website or call us at to get started.
*This article is intended to provide a brief introduction to the divorce process, and is not intended as legal advice. The information contained within is for informational purposes only and is not meant to be relied on as legal advice or as the basis for decisions.
Common Law Marriage is a term that is often tossed around casually by those who
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Does An Affair Affect Alimony
Both postseparation support and alimony are available in a North Carolina Divorce. Support is payable to financially dependent spouses without any requirement that the supporting spouse be proven to have been at fault. Be aware, however, that a dependent spouse can lose support after having an affair. In cases where the supporting spouse can prove that the dependent spouse engaged in uncondoned illicit sexual behavior, and the supporting spouse committed no similar fault, the dependent spouse loses his or her technical entitlement to alimony .
Request A Divorce Hearing
Once your 30 days have past, you will be able to ask the Clerk of Court to set up a Divorce Hearing. Be sure to bring proof that your spouse has been served, such as the green signature card you received through Certified Mail.
Since your spouse may not be able to attend the Divorce Hearing with you, as he or she may be out-of-state, you will need to take a copy of:
- The Complaint and the Civil Summons
- proof you served your spouse
- a Certificate of Absolute Divorce given to you by the Clerk of Court
- and 3 copies of the Divorce Judgement
You will also need to bring your Affidavit of Service if you served your spouse through Certified Mail, which you can receive from the Clerk of Court. Our Raleigh divorce lawyers suggest, if you choose do-it-yourself divorce, to keep all your divorce paperwork together in a folder so you’re certain to have everything you need. You don’t want to forget an important document and have to start all over again!
The Judge will sign all three copies of your Divorce Judgement: One for the court, one for your records, and one to mail to your spouse.
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Do I Need To Prove That My Spouse Cheated On Me To Get An Absolute Divorce In North Carolina
No, you dont have to prove adultery to obtain an absolute divorce in North Carolina. We are considered a no-fault state. However, there are related matters where proof of adultery is could be important.
However, to obtain a divorce from bed and board some refer to this as legal separation you do need to prove fault. Adultery is one possible ground. Other grounds include abandonment, cruel or barbarous treatment, indignities or alcohol or drug abuse. Although this type of divorce brings certain entitlements such as the right to receive spousal support, or alimony, you will not be entitled to remarry until you obtain an absolute divorce.
Additionally, marital misconduct such as adultery could be a factor in determining alimony.
You can learn more at our and Alimony pages.
How Long After A Divorce Can You Remarry In North Carolina
Until the judge signs the Divorce Judgment, you are not free to marry. Once the parties are separated, you are free to start dating, but dating prior to divorce may set you up for further possible exposure. Your spouse could use the fact that you are now dating someone to corroborate the fact that you were dating him or her prior to separation .
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When Should I Start The Process
Some websites have big Start My Divorce Now buttons that encourage you to get the process rolling right away. Should you do that? Getting a divorce in North Carolina is substantially different than it is in many other states and doing so before you have your ducks in a row is the worst possible decision. Youll lose rights. Youll risk your future. The green button is not a solution to your problems. Take your time and get this right. For most of us, our divorce is the biggest financial transaction of our lives. Clicking those big, tempting buttons is a mistake.
Where Can I Find Additional Information About Divorce
We hope the following link to an outside source may be helpful.
Legal Aid of North Carolina has a do-it-yourself divorce packet, which includes divorce forms that you might need, an explanation of the divorce process, and a glossary of terms you might encounter if you choose to get divorced. You should not use this packet, however, if you wish to get spousal support or divide property between you and your spouse.
WomensLaw.org is unrelated to the above organization and cannot vouch for the accuracy of its site. We provide these links for your information only.
You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court By Yourself page.
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What You Need To Know About Divorce
To be eligible for a divorce in North Carolina, you or your spouse must have lived in the state for at least six months before filing. If neither has lived in the state long enough, the divorce must be sought where you previously resided.
If you wish to seek a divorce from bed and board, you will be required to meet other grounds for separation.
Serving The Divorce Paperwork
Once you file the paperwork, you’ll need to provide notice of the divorce to your spouse by “serving” them with a copy of the divorce paperwork. In an uncontested divorce, you can avoid having to serve the paperwork if your spouse signs and files an Acceptance of Service form. To move things along even more quickly, your spouse can file a Waiver and Answer formthis form waives notice of the complaint, admits the allegations stated in the complaint, and waives the right to a hearing .
If your spouse isn’t willing to sign a waiver of service, you can use one of the following methods of service:
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North Carolina Divorce Lawyer
You probably thought your love would last forever, but divorce is an unfortunate reality for many. We want to ensure you and your children get through it and with everything you need to start a new, better life.
Its always emotionally challenging to end a relationship, especially when it is a legal marriage. The end of a marriage comes with decisions about dividing your property and bills, how to share custody of your children, and even who will get your pets. When you face these issues, its important to have a North Carolina divorce lawyer on your side.
As an experienced family law attorney, Jonathan Breeden blends compassionate and aggressive advocacy for people going through a divorce in Wake, Johnston, and Harnett counties, including the communities of Raleigh, Clayton, Garner, Smithfield, and Angier. He provides direct, straightforward communication and a commitment to help you move forward with life after a divorce.
Contact Breeden Law Office today at to schedule a case consultation.
What Are The Divorce Laws In North Carolina
In order to qualify for divorce in North Carolina, partners must meet the following criteria:
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