Divorce in North Carolina: A quick overview

Law

6 Things You Need to Know About Divorce in North Carolina - Myers Law Firm

Divorce is not uncommon anymore. Not to encourage anyone, but when a marriage has failed despite all effort and work, divorce is the eventuality. If you have decided to file for divorce in North Carolina, you need to fulfill residency and separation requirements. North Carolina allows for no-fault divorce, and you can also get a divorce from bed and board on fault-based grounds. Your best bet is to talk to one of top Wilmington attorneys, specializing in family law and divorce matters. In this post, we are sharing more on filing for divorce in North Carolina. 

Filing for divorce 

To file for divorce in North Carolina, either of the spouses must have lived in the state for at least six months before filing. Also, the spouses must be living apart and separately for at least one year. This refers to staying in different residences altogether. If your spouse doesn’t want a divorce, you can still initiate the proceedings, provided the residency and separation requirements are met. 

Once you have filed for divorce, a copy of the complaint, related paperwork, and summons will be sent your spouse. You can contact the local sheriff’s office for that, as you cannot directly deliver the summons to your spouse. You can, alternatively, use certified or registered mail to deliver the same. Your spouse has 30 days to file a response. In NC, divorce is also known as absolute divorce. 

Divorce from bed and board

Despite the confusing, divorce from bed and board is not an absolute divorce. If there are grounds for seeking divorce, such as cruelty, abandonment, or adultery, a spouse may file for divorce from bed and board. In this case, the court will pass an order for the couple to live separately. After a year has passed at the least, the spouse can move court for ab absolute divorce. If you have a court order after filing for divorce from bed and board, you are still legally married, and cannot remarry.

Talk to an attorney

There are some amazing law firms in Wilmington that handle divorces and child custody matters. Find an attorney with experience and share the circumstances surrounding your marriage. Do not hide your assets and financial situation, and if you want alimony from your spouse, do discuss that aspect with the lawyer. Attorneys in Wilmington usually take up such cases on an hourly rate, or retainer basis, and you can ask for costing in advance. 

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