Experienced Raleigh Divorce Lawyers Answer Your Pressing Questions
Comprehensive information so you can make informed decisions
At Hatch, Little & Bunn, LLP, we understand that you may have many questions regarding divorce in North Carolina. A knowledgeable family law attorney at our firm can provide an overview of North Carolina divorce law and the legal process.
Important facts about North Carolina divorce
North Carolina is a “no fault” state, which means you are not required to prove marital misconduct to get a divorce. You must live separately from your spouse for one year and not intend to resume your marriage.
North Carolina uses the equitable distribution method for division of assets and debts. Spouses keep their separate property, which includes assets acquired before marriage or by inheritance or gift to one spouse at any time. Other property acquired during the marriage is divided in a manner that is fair but not necessarily equal.
Types of divorce available in North Carolina
There are several ways to categorize divorce in North Carolina, namely:
- Absolute divorce — An absolute divorce dissolves a marriage without making any decisions regarding property division, child custody, child support or alimony. In order to obtain an absolute divorce, the two spouses must separate for twelve months.
- Divorce from bed and board — This does not dissolve your marriage but is a legally enforced separation. The petitioner must prove at least one of six fault grounds, such as adultery or cruelty. The court can order the at-fault spouse to move out of a shared residence. That spouse may also lose the right to inherit property from the other spouse.
- Uncontested divorce — An uncontested divorce means that both spouses have agreed in advance on all of the issues involved, such as child custody and division of property.
- Contested divorce — When the spouses cannot reach an agreement on all essential issues, the divorce must be decided by the court. A contested divorce requires presentation of evidence and testimony to obtain a final judgment.
We can assist you in any of these proceedings, working at all times for a resolution that avoids unnecessary turmoil, expense and delay.
Requirements for filing for divorce in North Carolina
To file for divorce in North Carolina, you or your spouse must be a resident of North Carolina for at least six months prior to filing a complaint. You or your spouse must also be a resident of the county where you file for divorce.
Mediation Offers an Alternative to Going to Court
Many couples going through divorce prefer to work out the essential terms in a businesslike and non-confrontational setting. In mediation, the parties and their attorneys use their best efforts to resolve all divorce-related issues through negotiation. Experts can be retained to assist in evaluating and dividing assets and determining child custody and support arrangements. Our family lawyers will help you decide whether mediation is appropriate in your situation and if so, will work towards its successful completion of your divorce.
Serving North Carolina clients for more than 50 years
Hatch, Little & Bunn, LLP provides comprehensive divorce representation to clients in Raleigh, Durham, Chapel Hill, Research Triangle Park, Wake County and throughout North Carolina. Our attorneys are licensed to practice before all North Carolina state and federal courts. Call 919-899-9827 today or contact us online to schedule a consultation with one of our attorneys about your concerns.