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North Carolina Divorce Laws
Divorce Law Basics in the State of North Carolina
Also See: North Carolina Marriage Laws
Statute: North Carolina State Divorce Code (Chapter 50, Article 1, Sections 1, 6, 7 & 8): ncga.state.nc.us
No-Fault Grounds:
- Living separate for at least one year prior to filing
At-Fault Grounds:
- Adultery
- Cruel and inhuman treatment
- Abandonment
- Maliciously turns the other out
- Excessive drug or alcohol abuse
- Behavior that renders the condition intolerable and life burdensome
Residency: Either party must be a resident of the state for at least 6 months prior to filing
Legal Separation Recognized? Yes, must be in writing. Alimony, property distribution and child support can be awarded.
Counseling Requirements: The court shall require the parties to attend parenting education classes if a minor child is involved.
Property Distribution: North Carolina relies on "equitable distribution" so the court will distribute the marital property "in an equitable manner if the parties can't agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.
Alimony: Alimony may be awarded to either party at the discretion of the court. Fault is considered.Tags : north carolina, divorce, divorce laws, alimony, property distribution, legal separation, at fault / no fault divorce, marriage
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