Going through a divorce can be an emotionally draining experience. However, understanding the legal landscape can offer some clarity during a confusing time. Find out how NC Divorce Laws work, so you feel prepared for what lies ahead. From filing requirements to property division, we’ll cover essential topics and guide you through the complexities of divorce in North Carolina.
What is an Absolute Divorce in North Carolina?
In North Carolina, an Absolute Divorce is a marriage’s complete and final termination. Unlike other forms of marital separation, such as “Divorce from Bed and Board,” an Absolute Divorce dissolves the marriage entirely, allowing both parties to remarry.
According to North Carolina General Statute § 50-6, a couple must be separated for one year and one day, and at least one spouse must have been a North Carolina resident for six months before filing for an Absolute Divorce. Once granted, the divorce is final, and the parties are no longer legally bound as a married couple.
“Divorce” from Bed and Board (Not a Divorce)
Contrary to what the term may imply, Divorce from Bed and Board is not an actual divorce. Instead, it is a type of legal separation. This is a judicially recognized separation but does not dissolve the marriage. It allows couples to live separately and resolve issues like property division and custody, but neither party can remarry. North Carolina General Statutes §§ 50-7 and 50-8 list conditions that allow a spouse to apply for this type of separation, including:
- Abandonment
- Malicious turning out of doors
- Cruel or barbarous treatment
- Indignities
- Excessive drug or alcohol use
It’s crucial to know the difference between Absolute Divorce and Divorce from Bed and Board when dealing with marital issues in North Carolina. While the former terminates the marriage, the latter provides a legal framework for separation without ending the marriage.
What Does It Mean that NC is a No-Fault Divorce State?
North Carolina is classified as a “no-fault” divorce state, a concept that might seem confusing but carries significant implications for the divorce process. In a no-fault state, neither party has to prove that the other spouse did something wrong, leading to the divorce. This is different from “at-fault” states, where grounds such as adultery, cruelty, or abandonment must be proven for a divorce to be granted.
According to North Carolina General Statute § 50-6, the primary requirement for filing an Absolute Divorce is that the couple must have lived separately for one year and one day. Additionally, at least one of the spouses must have been a resident of North Carolina for at least six months before filing.
The no-fault system simplifies the divorce process, eliminating the need for legal wrangling over who is to blame for the end of the marriage. Being a no-fault state means that the focus shifts away from the reasons for the divorce and centers more on the logistics, such as property division, alimony, and child custody. This often makes the process faster and less adversarial, allowing both parties to move forward more amicably.
However, as we will look at later, North Carolina divorce laws allow behavior within a marriage to affect alimony awards for an at-fault spouse’s infidelity.
The no-fault divorce system in North Carolina allows for the dissolution of marriage without the necessity of proving wrongdoing. This simplifies the legal divorce proceedings and often results in a more streamlined and less contentious divorce process.
How Does a Couple Split Up Assets According to North Carolina Law?
One of the most critical and sometimes contentious aspects of a divorce is the division of assets and debts, also known as equitable distribution. In North Carolina, the concept of equitable distribution is governed by North Carolina General Statute § 50-20. The term “equitable” does not necessarily mean “equal”; rather, it means a fair division, given various factors that the court considers.
Factors for Equitable Distribution
The court considers many factors when determining an equitable distribution of assets and debts. Some of these factors include:
- Duration of the Marriage: The length of the marriage can influence how assets are distributed.
- Age and Health: Each party’s age, physical health, and emotional state can also be a determinant.
- Economic Status: Both parties’ income, earning potential, and financial standing are significant considerations.
- Contribution to the Marriage: This includes both monetary contributions like income and non-monetary contributions like homemaking, parenting, and supporting the career or education of the other spouse.
- Liabilities and Debts: Existing debts and financial obligations of both parties are taken into account.
- Marital Misconduct: While North Carolina is a no-fault divorce state, marital misconduct such as infidelity or abuse can sometimes influence the court’s decisions on asset distribution.
- Expectation of Pension or Retirement Rights: Any expectation of pension, retirement, or other deferred compensation benefits not classified as marital property is considered.
By evaluating these and other factors, the court aims to achieve an asset and debt distribution arrangement that is fair to both parties involved. The division of assets in North Carolina divorce cases involves a complex analysis of various factors to determine equitable distribution. Understanding these factors and their application to your situation can be crucial for achieving a fair settlement.
How Does Child Custody Work in North Carolina?
When it comes to divorce, one of the most emotionally charged issues is that of child custody. In North Carolina, custody arrangements are guided mainly by what is in the child’s best interest. The state does not give preferential treatment to mothers or fathers. Both parents begin with equal custody rights.
Child Custody
By North Carolina General Statute § 50-13.2, the court may award joint custody, sole custody, or any other custody arrangement that serves the child’s best interests. The court considers various factors, such as the
- Child’s age
- Emotional bond with the parent
- The parent’s ability to provide for the child
- Any history of domestic violence or neglect
Child Visitation
Visitation rights are generally outlined in a custody order and are meant to ensure that the non-custodial parent continues to have significant involvement in the child’s life. Both parents can mutually agree upon the custodial schedule, but the court will set a schedule if there is disagreement. Again, the key determining factor is the best interest of the child.
Child Support
Child support is an obligatory financial responsibility that the non-custodial parent usually bears. North Carolina’s child support guidelines are defined in North Carolina General Statute § 50-13.4. The guidelines consider many factors, including:
- Both parents’ incomes
- The needs of the child
- Healthcare and educational costs
- The amount of time the child spends with each parent
Failure to comply with child support payments can result in legal penalties, including wage garnishment and even imprisonment.
How Does Spousal Support Work in North Carolina?
Spousal support, commonly known as alimony, is another significant aspect to consider when divorcing in North Carolina. Spousal support aims to help the dependent spouse maintain a standard of living similar to that enjoyed during the marriage.
Types of Spousal Support
North Carolina recognizes two main types of spousal support:
1- Post-separation support: Temporary and generally lasts until the court makes a final alimony determination.
2- Alimony: a longer-term form of spousal support that can either be for a specified period or indefinite.
Determining Factors
According to North Carolina General Statute § 50-16.3A, multiple factors come into play when determining the amount and duration of alimony. Some of these factors include:
- Duration of the marriage
- Standard of living established during the marriage
- Relative earnings and earning capacities of the spouses
- Age and physical, mental, and emotional condition of each spouse
Marital Misconduct
One unique aspect of North Carolina spousal support law is the role of marital misconduct. While the state is a no-fault divorce state, marital misconduct can affect alimony awards. For example, if the dependent spouse is found to have committed adultery, it can bar them from receiving alimony.
Modifications and Terminations
Spousal support orders are not set in stone and can be modified under certain conditions.
For example, alimony payments usually cease if the dependent spouse remarries or cohabitates with another person in a marital-like relationship. In summary, spousal support in North Carolina is subject to various factors, including the needs and abilities of each spouse as well as their conduct during the marriage.
Understanding these nuances is crucial for anyone navigating the complexities of a divorce in the state.
Our Experienced Divorce Attorneys Can Help
At Cape Fear Law Firm, we understand that the intricacies of divorce can feel overwhelming. Our seasoned divorce and family law attorneys are well-versed in North Carolina family law, from child custody arrangements to spousal support calculations.
We’re committed to guiding you every step of the way, ensuring the protection of your marital rights and that you’re well-informed throughout the divorce process. Whether you’re facing an uncontested divorce or dealing with complex asset division, we’re here to provide the personalized support and legal expertise you need to move forward confidently.