Filing for Divorce in North Carolina

How To File for Divorce in North Carolina 

Before a couple can file for divorce in North Carolina, they must be physically separated from one another for at least 1 year. The stipulation of living separately and apart is generally satisfied when each spouse resides in a different household and has no intention of resuming marital relations. During this time, some parties elect to create a separation agreement to define how custody, spousal support, and other marital property will be divided before filing for divorce. It's advisable to start documenting your new living arrangements as proof, which will be beneficial during court proceedings.

The second step in the divorce process is filing with your county's Clerk of Court. This can be done through our services or on your own, requiring a filing fee of approximately $225. This will trigger the next step, "serving" your spouse with the papers. Service can be done by your local sheriff, through certified mail, a professional process server, or anyone over 18 without personal gain in your divorce case. If you decide to hire someone to serve your papers, it may cost you an additional $30. Search for your county's local court here. Consider speaking with your attorney about your situation's most efficient service method.

If your spouse does not respond to your complaint in 30 days, your divorce can still be processed and finalized by default. If your spouse does respond, then you must decide if the divorce is contested or uncontested. The duration, costs, and issues in play will largely depend on the type of divorce. This is where having an attorney is so critical to your success. We put you on the right path that achieves your personal goals and protects your children (if applicable). Understanding each step and the potential response can strategically position you for the best possible outcome, whether it leads to mediation or court.

Sometimes, a judge may order you and your spouse to attend mediation before finalizing your divorce. For some couples, mediation can save you the headache that comes with drawn-out divorce processes. Battles in court can become costly, lengthy, and public. Our highly experienced divorce mediators can help you and your spouse reach an agreement that benefits both sides. This process offers a private and confidential setting and empowers both parties to actively participate in deciding their futures.

North Carolina is an equitable distribution state for assets and debts acquired during the marriage. This means that the judge will be under the assumption that all property will be divided equally between parties; however, there are certain statutory factors that, if present, will affect distribution. It is also important to note that once a divorce order has been entered, spouses cannot claim rights to equitable distribution, post-separation support, or alimony. Therefore, it is key to contact an attorney to help in this process. Understanding the intricacies of equitable distribution can vastly influence protecting your financial interests, particularly with significant assets in play.

Once the judge hears both sides of the testimony, they will make recommendations in your best interests. Once the orders are established, your divorce decree will be final, and you are free to remarry if you wish. Preparing your testimony with your attorney is vital to ensure the judge receives a comprehensive picture of your circumstances, supporting the final decree.

Types of Divorce in North Carolina

North Carolina's divorce law is different than that of many other states. Some states only allow no-fault divorce, while others allow you to choose between a no-fault divorce and a fault-based divorce. North Carolina gives you two options: an absolute divorce and a divorce from bed and board. It is crucial to understand which type of divorce you should pursue. These choices can significantly impact property division, support obligations, and personal relationships post-divorce.

Absolute Divorce 

This is the most common type of divorce in North Carolina. An absolute divorce legally ends your marriage and any related obligations. When the judge issues a Decree of Divorce, you can marry someone else, and your marital benefits will end. You must have been a resident of North Carolina for at least 6 months before filing for absolute divorce. The grounds for an Absolute Divorce are:

• Separation for one year
• Incurable insanity (at least two medical experts, including one psychiatrist, must testify that you are insane)

It should be noted that filing based on incurable insanity requires that you be separated for at least 3 years. Evidence and diagnosis by medical experts are required to prove the insanity claim. This is a big reason why this ground for divorce isn't seen very often. Engaging legal counsel early in this process can help prepare the necessary documentation and expert testimony to support your claim if this ground is pursued.

There is no official document you must sign for separated couples that declares when you and your spouse are separated. You must remember the date with the intention that you wanted the separation permanent. Keeping a detailed record of evidence, such as correspondence or changes in mailing addresses, can help substantiate your separation date during divorce proceedings.

Divorce From Bed and Board 

Even though this is called a “divorce,” it does not legally end your marriage like an absolute divorce. If you pursue this type of case, you cannot legally marry another person, as this type of divorce is more of a forced legal separation. There is no required separation period for a divorce from bed and board, although you do have to prove one of the following fault-based grounds:

• Abandonment - when one spouse severs all forms of communication with no intention of returning
• Adultery - any sexual relationships outside the marriage
• Cruel or barbarous treatment - acts that put your life in danger or could have caused serious bodily harm
• Drug or alcohol abuse - this ground can have profound implications on child custody and/or visitation
• Indignities - this can be a catch-all for other intolerable conduct

In some cases, it might be the right move to file for divorce from bed and board, though most cases pursue an absolute divorce based on no-fault grounds and one-year separation. Consulting with an attorney can clarify which type of divorce aligns best with your personal and legal objectives.

Does divorce from bed and board affect your spousal rights? Absolutely. If a judge grants the divorce, then the accused spouse may no longer cohabitate with their partner in any way and may not receive their property if they happen to pass away. In some cases, they may even lose their right to the inheritance of the marital home. If both spouses reconcile, they will be able to recover those rights. Understanding these complexities is vital to protect your rights and interests if this type of separation is pursued.

Common Divorce Issues That Our Firm Can Assist With

The following issues are common during a divorce case:

Property Division

North Carolina law states that spouses must equitably divide their marital property. Given the circumstances, the property division must be fair, although it must not be split 50/50. Our team can help facilitate this process by ensuring that all assets are accurately evaluated and that any nuances, such as prenuptial agreements, are respected in negotiation strategies.

Spousal Support

Alimony, also known as maintenance, refers to payments made by one spouse to another to provide necessary financial support following a divorce. If one spouse does not work or there is a significant income discrepancy, alimony might be an issue in your case. The judge will examine whether one spouse needs support and whether the other can pay for it. We work with you to craft compelling arguments and gather substantial evidence reflecting your financial needs or capabilities, safeguarding your financial future.

Child Custody & Support

If you and your spouse have a child, you must settle how you will share child custody and whether one spouse must pay child support. You and your spouse should agree on a child custody arrangement, but if you cannot, the court will issue a custody order based on what it believes to be in the child's best interests. We offer support in understanding family dynamics, advocating for arrangements that support the child's well-being and future stability, and ensuring all legal documentation is accurate and complete.

What Is an Uncontested Divorce?

Several decisions must be made when a married couple officially decides to go separate. How will you:

1. Divide up property from before the marriage?
2. Divide up property acquired during the marriage?
3. Divide the liabilities that you’ve acquired as a couple.
4. Handle custody of a child and sometimes a pet?
5. Manage spousal or child support payments?

In a contested divorce, complicated matters are resolved in court so that both parties are treated fairly. Like any trial, this process costs money. An uncontested divorce can reduce these costs.

Uncontested divorces may be worked out in a board room or even your living room. You and your spouse sit down with an attorney to discuss how to divide up assets and liabilities fairly and how to protect the children. Once an agreement has been reached, both parties go before the court to finalize the agreement and the divorce. This is a much less costly and contentious experience for you and the children. An attorney's facilitation can streamline these discussions, enabling more efficient resolutions that keep the focus on a fair and equitable settlement to support your future.

Information To Gather If You Anticipate a Divorce

If you anticipate a divorce but have yet to pull the trigger, now is a good time to gather the documents you’ll need to move forward more smoothly. For starters, you will want to gather the following information:

Your Marital Assets

Before you can divide property equitably in a divorce, you need to know what your assets are (in their entirety). A couple’s home is often their most significant asset, but marital property can be complicated in a high-asset or business divorce. When you gather the paperwork documenting your marital assets, consider all of the following (and anything else you deem pertinent):

• Your home
• Any other real estate you own
• A shared business
• Your vehicles
• Boats, RVs, and/or any other recreation-related vehicles
• Jewelry
• Art
• Valuable collections
• Antiques

An updated appraisal of these assets is also essential to accurately assess their current value, which can be crucial during division negotiations.

Your Financial Situation

You’ll also need to gather all the paperwork related to your financials as a married couple. This documentation should include the most current invoices and forms but should also take a look backward (five years is the gold standard). In other words, you want to capture a complete picture of your financials. This documentation should include all of the following that apply:

• Your joint income tax returns
• Employment records for both of you
• Financial records for all bank accounts, loans, credit cards, and other types of debt
• Records related to retirement accounts, pension plans, and anything else associated with retirement (for both of you)
• Your financial portfolio, including all investment accounts
• Your wills and any trust agreements
• Your Social Security statements
• Your children’s assets

Maintaining a comprehensive financial record ensures a smoother legal process by minimizing disputes.

Legal Documents

Gathering essential documents can provide a foundation for legal negotiations and decisions. This includes any prenuptial or postnuptial agreements that may dictate how property or assets are divided. You should also collect copies of insurance policies, wills, trusts, and powers of attorney. These documents may reveal obligations or entitlements that must be addressed in divorce proceedings. If you share legal agreements with your spouse, ensure you have access to these records. It might also be beneficial to consult an attorney to interpret these documents, ensuring your rights are maintained.

Parenting and Child-Related Documents

If you have children, collect their upbringing and financial support documentation. This includes custody agreements, parenting schedules, records of their educational and medical needs, and any expenses related to childcare. You may also need activities, tuition, and healthcare cost records to support child support claims. A clear understanding of your children's needs will help guide custody, visitation, and support discussions. Ensure you also have schooling schedules, report cards, and any relevant communication records from extracurricular activities, highlighting parental involvement and the child's social dynamics.

Communication Records

Communication records between you and your spouse may become necessary if you anticipate a contentious divorce. Save emails, text messages, and voicemails that pertain to important issues like finances, custody, or any contentious behavior. These records may serve as evidence in cases involving disputes over custody, abuse, or infidelity. Keeping a written log of significant conversations may also help document the timeline of key events during the marriage.

Why Hiring a Local Divorce Attorney is Important

Hiring a local divorce attorney can be important for several reasons: 

• Familiarity with local laws and procedures: Divorce laws can vary by state, and even within a state, procedures can differ by county. A local attorney will be familiar with the specific laws and procedures that apply to your case, ensuring that your divorce is handled correctly according to local regulations.
• Knowledge of local courts and judges: A local attorney will likely have experience working with your area's judges and court staff. This can be beneficial, as they will understand how different judges tend to rule on specific issues and can tailor their approach accordingly.
• Accessibility and convenience: Working with a local attorney can make meeting in person easier, attending court hearings, and communicating effectively. This can be especially important during a divorce, when you may have many questions and concerns you want to discuss face-to-face.
• Community reputation and resources: A local attorney may have a reputation in the community for their work in divorce cases, which can be helpful in negotiations or court proceedings. They may also have connections to local resources, such as mediators or other professionals who can assist with aspects of your divorce.
• Understanding of local resources and services: A local attorney will likely be familiar with the local resources available to support you during and after your divorce, such as counseling services, support groups, and other community organizations that can assist.

Hiring a local divorce attorney can give you the advantage of working with someone who understands your area's legal landscape and community resources. This can be invaluable during a challenging time like divorce. Additionally, a local attorney can ensure a more proactive engagement in negotiations, potential mediation, or court representations.

How Our Experienced North Carolina Divorce Attorneys Can Help

There are many reasons why couples choose to get divorced. Some divorces may be more emotional than others. Children also impact the decision-making process. While divorce is difficult to go through, it does not mark the end of your life or discourage you from a bright future. Our North Carolina divorce attorneys can help you work to overcome any issue you might have to face through this transition. We acknowledge the emotional strain, providing you with compassionate support alongside strategic guidance, ensuring every decision aligns with your future aspirations.

We take an individualized approach to each divorce. Whether you want to resolve your divorce amicably or seek a legal team to litigate your case aggressively in court, we are here to help. By focusing on your personal goals and circumstances, we tailor our support to meet your legal and emotional needs, striving for a solution that promotes long-term happiness and stability.

Coping with Divorce: Emotional & Financial Tips

Divorce is a legal and emotional journey that requires resilience and adaptation. To move forward successfully, it is essential to understand how to manage the emotional and financial aspects. Emotionally, it is essential to establish a support system. This could include family members, close friends, or professional counselors who can assist during this transitional period. Financially, creating a budget based on your new circumstances is crucial. This involves assessing your income and necessary expenses while considering future financial goals.

In Charlotte, local community resources such as support groups can be invaluable. By participating in these groups, individuals can find a sense of camaraderie and understanding, knowing they are not alone in their experiences. On the financial side, consulting a financial advisor with experience in post-divorce planning can help identify ways to stabilize and grow one's financial status. Implementing strategies such as prioritizing debt repayment, establishing a savings plan, and understanding the tax implications of divorce can ensure one remains financially responsible and prepared for the future.

Navigating Charlotte's Court System: Tips for Efficient Divorce Proceedings

Understanding the local court system in Charlotte can streamline the divorce process considerably. Familiarity with Mecklenburg County's court services is beneficial, as it helps in anticipating the necessary steps and paperwork required at various stages of the divorce proceedings. The Mecklenburg County Courthouse website is a valuable resource, offering access to forms and details about services available to assist with filing and case management. Additionally, understanding the local norms and procedures facilitated by court staff can save time and reduce the stress of navigating complex legal requirements.

It’s equally important to manage expectations and prepare for court appearances meticulously. This includes organizing documentation, understanding the docket system, and being aware of the timelines that the court typically operates under. Engaging with a local divorce attorney who knows the intricacies of the Charlotte court system can significantly enhance your chances of a smooth process, as they can provide valuable insights into the preferences and tendencies of local judges, potentially influencing the direction and pace of your proceedings. Utilizing these resources effectively can make the judicial experience more manageable and less daunting.

Ready to navigate your divorce in North Carolina? Call our Charlotte divorce attorneys now to discuss your case!