1. Residency and Separation Requirements: To file for divorce in North Carolina, one spouse must have been a legal resident of the state for at least six months. Additionally, the couple must have lived separately and apart for at least one continuous year. It's important that during this time, at least one spouse intended to leave the marriage.

  2. No-Fault Divorce: North Carolina is a no-fault divorce state, meaning that you do not need to prove wrongdoing by either party to obtain a divorce. The main requirement is the one-year separation period. However, fault can play a role in certain situations, such as divorces from bed and board, which can influence alimony or property distribution.

  3. Property Division: The state operates under the principle of equitable distribution. While a 50/50 split of marital property is common and deemed fair, courts can decide on an unequal distribution based on various factors that make an even split inequitable.

  4. Alimony and Spousal Support: A spouse may be entitled to alimony or spousal support, but this depends on various factors considered by the divorce courts, such as the length of the marriage, the standard of living during the marriage, and the incomes of both spouses.

  5. Filing Fee: There is a $225 filing fee for divorce in North Carolina. The fee for a Sheriff deputy to serve papers to a spouse is $30.

  6. Legal Representation: Navigating divorce without a lawyer can be challenging. Having an experienced divorce attorney is advised to help protect your rights, especially concerning alimony, child custody, and property division.

  7. Child Custody and Support: Decisions regarding child custody and support are made based on the best interest of the child. Parents may need to prepare for disputes over these issues if they cannot reach an agreement amicably.

    If you are facing divorce, contact me today for a free consultation.