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North Carolina Divorce Laws and Obtaining the Help of a Top Lawyer

If you have considered filing for divorce or legal separation in North Carolina, there are a few things you should be aware of before initiating the action. There are various rules and regulations in place that can prevent you from even filing and others that can limit your claim to property, alimony or even child custody if the case is not executed properly. As important as it is to have an experienced North Carolina divorce lawyer on your side, it is equally imperative that you understand what the laws regarding divorce are in the state so you can ensure your rights are protected every step of the way.

 

Residency Requirements in North Carolina

In order to file for a divorce in North Carolina, either spouse must have been a resident of the state for at least six months prior to filing the complaint. If the parties meet this criterion, then the divorce petition can be filed in the county where either party resides, if spouses are living separately.

 

Legal Grounds for Divorce in North Carolina

The following are the acceptable grounds for divorce in the state of North Carolina:

No-Fault Divorce:

  • Spouses have lived separate and apart for one year

Fault Divorce:

  1. Abandonment
  2. One spouse maliciously turns the other out of the home
  3. Cruelty that endangers the life of the other spouse
  4. Indignities which render the marriage intolerable and burdensome for the other spouse
  5. Alcohol or drug abuse
  6. Adultery

 

Property Distribution Laws

Since North Carolina is an “equitable distribution” state, all property acquired during the marriage will be divided in an equitable fashion. This doesn’t necessarily mean equal, but rather, fair. This can create several “he said, she said” arguments, and if so, the court will ultimately have the power to divide the property taking various factors into account, such as the length of the marriage, age and health of the parties and value each spouse places on the asset.

Hiring a Top Divorce Attorney in North Carolina

If this all seems confusing to you, don’t worry, you are not alone. Deciphering the intricate laws that govern divorce proceedings in the state aren’t easy, but that’s where a skilled divorce lawyer comes in to help.

Hiring a divorce attorney in North Carolina can mean the difference between forsaking your rightful benefits and walking away from your case with a fair settlement. Your lawyer will handle all the nitty gritty paperwork, court appearances and mediation required during proceedings so your case can resolve as quickly and smoothly as possible.

Call to schedule a consultation today with one of our featured North Carolina divorce lawyers.