At least one party must have resided within the state for a minimum of six months and the couple must be living separate and apart for at least one year.
Can I get a divorce that my spouse does not want?
Yes, the consent of both parties is not mandated as long as the grounds for divorce have been met.
Can I get a divorce granted for marital fault?
In at-fault divorces, the court takes into account the actions of the involved parties, such as adultery, abuse, or imprisonment. North Carolina, however, is a no-fault state.
Can I obtain an annulment?
The circumstances in which an annulment may be granted are very limited, but do allow for situations such as relations between cousins, underage parties, bigamy, impotence, and coercion.
How much does it cost to file for divorce?
An Absolute Divorce action costs $75 to file. There will likely be additional expenses associated with serving the other party, filing documents with the court, etc.
What forms do I need to file?
Both a summons and a verified complaint must be completed. After the divorce has been filed, other forms such as a Judgment of Divorce are also required.
Will I be able to get or have to provide maintenance?
Claims for support and alimony must be added to an Absolute Divorce action, which does not address those issues on its own. You must be able to prove the parties involved are dependent, as well as which spouse is the supporting one. This is one of the primary reasons that consulting with a knowledgeable divorce lawyer is recommended.
How will property be divided?
The law presumes an equal 50/50 split of property, though it can be divided in any amount as long as the parties agree that it is an equitable distribution.
Will I have to go to court?
This varies county to county. Some will only check that the grounds for divorce have been met and there are no issues of material fact, while others will require testimony by one of the parties in order to determine the appropriateness of the divorce.
Can a couple become legally married by living together?
No, the state of North Carolina does not allow common law marriage.
