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Understanding the divorce process in North Carolina

On Behalf of | Nov 11, 2024 | Family Law |

Divorce can be an emotional and complicated experience. Understanding the steps involved in the divorce process in North Carolina can help make it less overwhelming. The state has specific requirements for divorce that you need to know if you decide to end your marriage. 

Separation requirement

The first step in the divorce process is separation. The state requires that you and your spouse live separately for at least one year before you can file for divorce. This means living in different homes, not just in separate rooms within the same house. During this separation period, you must intend for the separation to be permanent. After one year has passed, you can move forward with filing for divorce.

Filing for divorce

Once the one-year separation requirement is complete, you can begin the process of filing for divorce. To do this, you need to file a divorce complaint in the county where either you or your spouse resides. You will also need to serve your spouse with the divorce papers, which means they must receive a copy of the complaint and summons. Your spouse then has an opportunity to respond to the complaint.

Reaching agreements

During the divorce process, you and your spouse will need to reach agreements on important issues such as property division, alimony, child custody, and child support. If you and your spouse can agree on these matters, the divorce process will be smoother and quicker. However, if you cannot agree, the court will make decisions for you based on what is fair for both parties and in the best interest of any children involved.

Finalizing the divorce

After resolving all issues and completing the necessary paperwork, a judge will review your case. If everything is in order, the judge will grant the divorce, making it official. This final judgment will legally end your marriage, allowing both you and your spouse to move forward.

The divorce process involves multiple different steps. Understanding these steps can help you navigate the process with more confidence and prepare for the changes ahead.