Filing for divorce is an important legal step that can affect your finances, property, children, and future. Before beginning the process, it is helpful to understand North Carolina’s basic divorce requirements and the issues that may need to be addressed.
1. Understand North Carolina’s Separation Requirement
North Carolina generally requires spouses to live separate and apart for at least one year and one day before filing for an absolute divorce. At least one spouse must also have lived in North Carolina for at least six months before the divorce is filed.
The spouses generally must live in separate homes, and at least one spouse must intend for the separation to be permanent.
2. Know What You Want to Resolve
Divorce may involve more than simply ending a marriage. Depending on your circumstances, you may also need to address property division, debts, alimony, child custody, and child support.
North Carolina courts note that property division and alimony claims can be affected if they are not properly raised before the absolute divorce becomes final.
3. Gather Important Documents
Before beginning the divorce process, organize important financial and family documents. These may include bank statements, tax records, property information, retirement accounts, debts, insurance records, and information concerning your children.
Having organized documents can help you and your attorney better understand your financial and family circumstances.
4. Understand the Filing Process
An absolute divorce begins by filing the required documents with the clerk of court. The North Carolina Judicial Branch identifies documents such as a complaint, summons, Domestic Civil Action Cover Sheet, and Servicemembers Civil Relief Act affidavit as part of the filing process.
After filing, your spouse must receive proper legal notice of the divorce case. The specific service process can depend on the circumstances.
5. Consider Whether You Need Legal Guidance
Divorce can involve complicated financial, property, and family issues. If you have questions about your rights, property, support, custody, or the appropriate way to proceed, speaking with a family law attorney can help you understand your options.
The North Carolina Judicial Branch also recommends speaking with an attorney if you are unsure whether filing on your own is appropriate for your situation.
When Should You Speak With a Family Law Attorney?
If you are considering divorce and have questions about property division, financial support, child custody, child support, or the divorce process, consider seeking legal guidance before filing.
Henson & Henson provides family law representation for individuals and families throughout North Carolina. Our team can help you understand the legal process, explain your options, and guide you through the next steps based on your circumstances.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Divorce laws and procedures can change, and every family’s circumstances are different. Speak with a qualified North Carolina attorney about your specific situation.
