April 14, 2024

Upset couple at home. Handsome man and beautiful young woman are having quarrel. Sitting on sofa together. Family problems.


All about no-fault divorce in North Carolina

Despite all the effort, vows, and love, marriages can fail. If you want to un-mess your married life and file for separation, North Carolina allows for no-fault divorce. A no-fault divorce is the easiest, quickest way to end a marriage. While not necessary, you can hire a Charlotte divorce lawyer, to help and guide on the process, so that important issues are settled amicably with your spouse. Here are some facts worth knowing before you consider the option.  

The basics

Like other states, North Carolina also has a residency requirement that must be fulfilled to file for no-fault divorce. You (or your spouse) must have lived in the state for a period of at least six months. Also, you must have completed a year in separation. This is very unique to NC divorce – the spouses must have lived separately for at least one year, and this refers to two different residences, not just two separate rooms. 

How does the no-fault divorce process work?

If you and your spouse have lived separately for a year and fulfil necessary residency requirements, the no-fault divorce process in NC is fairly easy. You can initial the proceedings on your own, even when your spouse doesn’t agree to the decision. File a divorce complaint, which is the next step, with the Clerk of Court. You can contact the county Sheriff’s office, which will serve the papers to your spouse. The same can be sent by certified mail too. If this is an amicable divorce, you can discuss the important things with your spouse. The list can include things such as child custody, distribution of assets, and alimony. You are required to go to court for a final hearing, where the judge will hear the case, arguments, and will allow for no-fault divorce process. 

When should you hire a divorce lawyer?

Ideally, it is wise to consult a divorce lawyer before you initiate any proceedings. Make sure that you seek advice from a marriage counselor first, so that you can reconsider the decision one last time. When you meet a divorce lawyer, let them know of your assets, circumstances surrounding the divorce, and what you expect in terms of outcome. A good lawyer will protect your rights and interests in the divorce, even if you seem to be on agreeable terms with your spouse. 

Contact the right divorce lawyer, so that you can get unbiased advice and guidance.