Divorce in North Carolina

Divorce in North Carolina

It’s 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, it’s important to have a North Carolina divorce lawyer on your side.

The Basics of Divorce in North Carolina

A divorce is a formal end of your marriage. It’s a court-ordered decision that legally ends your union, and determines what will happen to shared property, the custody and support of shared children, and any kind of support paid to the your spouse.

Each divorce is unique because not everyone’s circumstances are the same. One common detail about each divorce — couples must be separated for at least one year before a divorce can be finalized. Both spouses must live in different residences. They can communicate, but they cannot cohabitate or be intimate. Besides the one year separation period, your divorce could take 31 days to six months or longer.

What Else Should I Know About North Carolina Divorces?

• Alienation of Affection — if you feel like your marriage is ending because you feel another person caused your spouse to fall out of love with you, you may choose to file an alienation of affection claim.
• Alimony & Spousal Support — it could be possible that one spouse may need to make payments to their spouse during or after a divorce.
• Interstate Divorce — just one spouse needs to meet North Carolina’s residency requirement for a divorce. It’s possible to get a divorce when the other partner lives in another state.
• Marital Misconduct & Alimony — the court has to weigh the details of a case when it’s awarding alimony after a divorce. Some misconduct, like cheating, may affect how much spousal support is awarded.
• Mental Illness & Divorce — mental illness is not an impediment to ending your marriage, as long as you follow the right process.
• Changing Your Divorce Order — known as “post-divorce modifications,” you can petition the court to change your divorce order under the right circumstances.
• Prenuptial Agreements — you can dictate the terms of your property if you decide to get separated, divorced, or if your spouse dies using a prenuptial agreement.
• Postnuptial Agreements — like a prenuptial agreement, a postnuptial agreement is a tool to dictate how your assets or property will be handled should your marriage end.
• Updating Your Will After a Divorce — estate planning is critical to protecting your assets, and keeping a will accurate after a life change like a divorce is key.
• How to File for Divorce in NC — a complicated legal action like filing for divorce can be confusing and overwhelming. Learn the basics.
• How to File Taxes After Your Divorce — when you try to file taxes after you divorce, there are new factors you have to consider in order to follow the law.
• No-Fault Divorces in NC — not every divorce is caused by scandal . Sometimes, spouses agree that their marriage is broken, and they can pursue a no-fault divorce.
• Sexless Marriage in NC — physical intimacy is not always the defining feature of your relationship, but if it’s rare or nonexistent, it may be time to consider a divorce.
• Dividing Digital Assets in an NC Divorce — like other marital property in a divorce, you need to remember your digital property.

Resources for Divorce in Wake County, NC

Ending a marriage is hard. And whether you need to find a new home, change the name on the utilities or talk to someone, we want to offer our support and guidance. Here are some local resources and services in and around Raleigh that may be useful for those going through a divorce.