North Carolina State Separation & Divorce Laws
If you live in North Carolina and are seeking a divorce, the proceedings can be as simple or complex as you and your soon-to-be ex make them because judges in North Carolina encourage divorcing couples to make as many decisions as possible on their own without the court's interference. Knowing what to expect going into the process will make the entire experience less stressful for everyone involved.
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Legal Separation
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In North Carolina, a couple is legally separated the moment they stop residing in the same place with the intent to continue living separately. Many people begin the divorce proceedings during the time of separation by filing a Separation Agreement with a lawyer, although that isn't necessary to make the separation legal. A couple must remain separated for a full year plus one day before filing for divorce. For this reason, it's important to document the date when one person or both people physically moved from the shared residence.
Private Settlement
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North Carolina allows couples to decide on settlements privately without any input from the court. This means couples can arrange a custody agreement, divide property and decide child support issues on their own without the help of a judge. Couples who cannot reach agreements on issues involved in ending the marriage will have to deal with lawyers, judges and court hearings to determine these issues.
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Grounds for Filing
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To file in North Carolina, one member of the couple must live in the state for at least six months. A couple may file for a no-fault divorce if both parties want the divorce and agree that the marriage is over. They must live apart for a year and a day to do so. One member of the couple may file for divorce in the case of abandonment, physical or emotional abuse, drug and alcohol abuse or infidelity.
Forms Needed
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The spouse seeking the divorce must file a Complaint of Divorce form to start the divorce proceedings, and a judge must sign a Decree of Divorce form the end of the proceedings to make it final and official. Couples must also submit forms that show their private settlement agreements to make these arrangements legally binding. Each situation is different, and lawyers will point couples to the correct forms needed for their private settlements.
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References
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