North Carolina Divorce Laws 2

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.

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