How divorce works in North Carolina

On Behalf of | Dec 17, 2020 | Divorce |

When a marriage comes to its natural end, it can be hard for the partners to accept their relationship is over. They may have concerns about what divorce will do to their finances, how it will impact their abilities to parent their kids, and how it will affect their property rights. Divorce involves many complex legal matters, but it does not have to be overwhelming. The help of the right divorce and family law legal support can make a huge difference for a concerned party.

One way that a lawyer can help their client prepare for their divorce is by explaining to them the ways that divorce can be sought in the state. For example, North Carolina recognizes no-fault divorces. If the partners to a marriage choose to live separate and apart for at least a year, they can file for divorce.

For the purposes of the divorce process, living separate means no longer living under the same roof. While the couple may have purchased a home during marriage, for example, one will need to move out and live elsewhere for the full year before a divorce petition can be successful.

There are other requirements to qualify for a no-fault divorce. When living separate for the year, one or both of the spouses has to have the intent not to resume the married relationship. Also, at least one of the spouses must have domiciled in North Carolina for at least 6 months to file here.

For those with questions about the divorce process and whether a no-fault divorce fits their particular situation, working with an experienced attorney can provide the important information necessary to move forward with the process and start a new life.