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:
- Spouses have lived separate and apart for one year
- One spouse maliciously turns the other out of the home
- Cruelty that endangers the life of the other spouse
- Indignities which render the marriage intolerable and burdensome for the other spouse
- Alcohol or drug abuse
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.