Divorce

What Are the Requirements for Divorce?

North Carolina allows divorce on two grounds: separation for one year or incurable insanity of one spouse and separation for three years. Fault is not required for divorce. To file for divorce, you must have resided in North Carolina for at least six months prior to filing a Complaint. After being separated for one year, you can file for divorce, and a Judge will issue a judgment of divorce. You may also request to resume your maiden name during the divorce hearing.

What Are the Requirements for Separation?

In North Carolina, separation is established when a husband and wife start living “separate and apart” with the intention of remaining separated. Filing for separation is not a requirement. However, it’s important to understand the legal implications and available options during this period. During separation, individuals can explore avenues for post-separation support and interim property distribution before finalizing the divorce or property division. Post-separation support aims to provide financial assistance, while interim distribution allows for the division of certain assets and property.

What Happens After the Divorce?

An entry of divorce prevents claiming alimony or requesting property division if not previously addressed in a Complaint or agreed upon in a binding Separation Agreement. After divorce, your tax status will change, and ownership interests in shared property, such as a house, may be altered. Additionally, unless specified in a Will, divorce bars inheritance from the former spouse.

Am I Eligible for Post-Separation Support or Alimony?

Spousal support in North Carolina is governed by statute. It is intended to supplement income, not replace it. To be eligible for spousal support, the following factors must be demonstrated:

• Dependent spouse: One who is substantially dependent on the other spouse for maintenance and support.

• Supporting spouse: One upon whom the other spouse is substantially dependent for maintenance and support.

• Financial needs, accustomed standard of living, present income, earning abilities, debt obligations, reasonable expenses, and legal obligations to support others are considered.

• Ability of the supporting spouse to pay.

Marital misconduct may affect spousal support, with a judge having the discretion to deny support if misconduct is found. Post-separation support and alimony are complex financial matters, requiring analysis of various factors. While specific amounts cannot be provided, consulting an attorney can assist in understanding eligibility and the complexities involved in post-separation support and alimony cases.

The Law Group and its network of attorneys can help you in eastern North Carolina and New Hanover, Pender & Brunswick Counties.