Divorce in North Carolina – Your Complete Starter Guide

By Worthy Staff | Jul 31st, 2019

If you’re considering a divorce in North Carolina, you may be holding your breath, wondering what’s next. While it can be difficult to think about the changes that lie ahead, knowledge is the key to moving forward with your life as you navigate the North Carolina divorce process. This guide answers the most commonly asked questions about getting divorced in your state.

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How to File for Divorce in North Carolina: Basic Requirements

Since divorces in North Carolina are “no-fault,” the basic procedure is simple and straightforward. While the court might take the behavior of you or your spouse into consideration when determining child custody as well as the division of property and debt, neither of you has to find fault with the other.

You or your spouse must be a legal resident of the state to file for divorce, and you must have resided there for at least six months. Additionally, you must be separated from your spouse for twelve months before being granted an “absolute divorce.” The state of North Carolina uses the term “absolute divorce” instead of the more common term “final divorce.”

Additionally, an absolute divorce may be granted if the husband and wife have been living separate and apart without cohabitation for three consecutive years, due to one spouse’s incurable insanity.

Types of Divorce in North Carolina

Like many other states, North Carolina residents may go through the process of Contested Divorce or Uncontested Divorce. In uncontested divorces, both parties are able to agree to potential issues such as child custody, alimony, property division, and division of debt. In a contested divorce, the parties disagree.

North Carolina Divorce From Bed And Board

Many states stop at these two distinctions. North Carolina has a few more options. The state’s third type of divorce is called Divorce from Bed and Board. This can be confusing, because getting a North Carolina divorce from bed and board doesn’t mean that you’re legally divorced. Instead, it’s a term for legal, judicially authorized separation. If you’re considering a divorce from bed & board as an alternative to legal divorce, at least one of the following situations must exist:

• One spouse has abandoned the other
• Domestic violence or “indignities” that render your condition burdensome or intolerable
• Drug use or excessive alcohol use
• One spouse has thrown the other out of the house
• One spouse has committed adultery

Divorce from Bed and Board is rarely granted, but when it is, there’s no need for a six-month filing period. If you think that you are eligible for this type of legal separation and you need help getting the offending spouse out of your home, you may file with the court right away.

Mediated Divorce

In case you and your spouse have difficulty agreeing but you’d like to avoid traditional litigation, you may choose to work with a mediator. The mediated divorce process is undertaken with the goal of reaching a tailored divorce agreement, which may then be submitted to the court for judgement. Some North Carolina divorce mediators are attorneys, while others are family court specialists who can take a neutral stance and help both parties during the dissolution process.

There are two main advantages to mediated divorce: First, this process is typically far less costly than litigation. Second, people tend to adhere to their divorce agreements when they have played a role in the decision-making process. Mediation can be less emotionally taxing, as well.

Collaborative Divorce

In North Carolina, collaborative divorce is a step up from mediated divorce. This procedure usually involves two attorneys or mediators instead of one, and it often calls for assistance from divorce coaches and/or financial specialists who can help both parties come to a mutual agreement.

If you think that you might need to move to litigation, you will have to hire a second attorney since attorneys who assist in collaborative divorces are barred from representing either party once a contested legal proceeding begins. If, on the other hand, you think that you and your spouse will be able to reach an agreement without a judge’s intervention, you may find that collaborative divorce is less costly than traditional litigation.

Annulments in North Carolina

While an annulment is not the same as a divorce, it is a legal dissolution of marriage. In North Carolina, annulments are granted in cases of bigamy, i.e. when one spouse is already legally married to another person at the time of the second marriage. The following circumstances are also considered grounds for annulment in North Carolina:

• Parties are nearer than first cousins in relationship
• Parties are double first cousins
• Either spouse has been medically diagnosed with physical impotence
• Either spouse has been determined to be mentally incompetent to enter into a marriage contract
• A male spouse is under the age of 16
• A female spouse is under the age of 16, unless the female is between the ages of 14 and 16 and is pregnant
• Any marriage that has been contracted under the belief and representation that the wife is pregnant, followed by separation within 45 days of the date of marriage, with continuous separation for the period of one year, unless a child is born to the parties within ten months of the separation date.

How Property is Divided During Divorce in North Carolina: What to Expect

Because North Carolina is an equitable distribution state, the court decides how to divide marital property so that each party receives a fair share, according to the net value of the property. The state’s laws define marital property as “all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation of the parties, and presently owned, except property determined to be separate property or divisible property.” Non-vested pensions, retirement accounts, and other forms of deferred compensation are included, along with any vested and/or non-vested military pensions that are deemed eligible under requirements laid out under the Federal Uniformed Services Former Spouses’ Protection Act (USFSPA).

Are You Eligible for Spousal Support (Alimony)

If the court determines that one spouse is dependent on the other, then the dependent spouse may be awarded alimony. Other factors besides dependency go into the court’s decision to award spousal support in North Carolina. In general, the court uses its discretion and takes the entire picture into account.

Claims of adultery or illicit sexual behavior prior to or on the date of separation, on the part of either spouse or both spouses. If the dependent spouse was the only one to commit adultery, then the court shall not award spousal support. If the supporting spouse was the only one to commit adultery, then spousal support shall be awarded to the dependent spouse. When both spouses committed adultery, it is up to the court to determine whether this behavior is a deciding factor in awarding alimony.

Some other deciding factors include:

• The length of the marriage
• Relative earnings of each spouse, as well as earning capacity of each spouse
• Contribution of a spouse who is the primary homemaker
• The relative needs of each spouse
• Whether the ability to earn money will be impacted by custody of minor children
• Whether there will be additional expenses associated with the custody of minor children
• Ages of the spouses
• Standard of living that was established during the marriage
• Physical, mental, and emotional condition of both spouses
• Various amounts and sources of earned and unearned income of both spouses, including benefits such as insurance, medical benefits, retirement accounts, etc.
• Other economic factors and circumstances deemed “just and proper” by the court

Dependent spouses may be eligible for post separation support, which is awarded after a hearing but before divorce is final. Marital misconduct on the part of either spouse can have an impact on whether post separation support is awarded, as can additional factors including those outlined above.

Insights From Jumping In: Dating After Divorce in 2019

In 2019, Worthy conducted a study on how divorce women approach divorce and dating in today’s world.

Age of Today’s Divorced Woman
Of the women we surveyed, 42% divorced between the ages of 35-44 and 28% between 45-54, indicating that midlife is the most common time for marriages to break up. Only 9% divorced after the age of 55 and the younger women, 34 and under, made up 22%.

Divorce Proceedings in the 21st Century
We asked our participants to share what legal processes they were familiar with for divorce. Litigation (53%) and mediation (48%) were at the top of the list but many were also familiar with alternative routes such as low-conflict collaborative divorce (25%). Services like working with a Certified Divorce Financial Analyst are much less well-known (5%).

Divorce Finances 101
When it came to the big issues, the majority of women felt sufficiently informed to make decisions. This included issues like health insurance (60%) and the marital house (56%). However, when it came to issues outside of the immediate household, such as taxes, the participants felt less informed.Reusable Block

Dating After Divorce
Dating is at the forefront of many divorcees’ minds. 78% of the women have already started thinking about dating by the time the divorce papers are signed. 40% of women feel confident about dating after divorce, 68% feel excited and hopeful. 59% of divorced women meet dates on online dating websites or apps.

Getting Divorced The Easier Way

Divorce can be a complicated, draining and expensive process, but it doesn’t have to be. If you’re looking to file for an uncontested divorce in
North Carolina, do it the easy way with our friends at It’s Over Easy, the only online divorce solution that guides you through every aspect of your case, founded by celebrity divorce lawyer Laura A. Wasser. 

“After practicing Family Law for over 20 years I came to realize that people deserve a better way to get divorced. I founded It’s Over Easy to give people a high-quality, less expensive & more amicable option. Our platform takes the user through the entire dissolution process. We provide information and support along the way through our content on our Insights Blog, the Divorce Sucks! Podcast and The Index, our curated professional and lifestyle resource guide. Divorce is difficult but the legal part shouldn’t have to be.” 
–Laura A. Wasser

You may find the following resources helpful when gathering advice on the divorce process:

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Divorce process guide for main US states

Legal Disclaimer: This article is intended for informational purposes only and should not be relied upon as legal advice on any subject matter. Consult with an attorney for more information regarding your individual situation.