North Carolina Divorce Resources
The following information provides an overview of divorce in North Carolina. You can find divorce professionals, forms, support, and divorce laws. In addition to the resources listed below, you can find more help and information in our divorce article section.
Areas of FocusDivorce LawyersLegal Information Private Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceSeparation and Divorce Forms Divorce Form Preparation Family Law ResourcesDivorce LawsChild Support Guidelines North Carolina Child Support Calculator Child Support Enforcement |
* Listings in the Resource and Professional Directory does not imply an endorsement by this website. WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below. If you provide a divorce related service and are interested in being listed in this directory, click here.
NC DIVORCE ATTORNEYS
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LEGAL INFORMATION
The Women's Center
210 Henderson Street
Chapel Hill, NC 27514
Phone: 919-968-4610
Email:
- Legal Information Services - Free 15 minute phone appointment with volunteer
attorney
- Community Legal Project - Free 30 minute in-person appointment with a law student to receive information about a legal issue.
- Family Law in North Carolina - a 100 page book drafted by attorneys is written in an easy-to-read question and answer format and provides information about separation, divorce, domestic violence, child custody, child support, and property settlement.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of North Carolina. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your North Carolina divorce form preparation today.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesShelters and Hotlines
North Carolina Coalition Against Domestic Violence
NORTH CAROLINA DIVORCE LAW SUMMARY
Complete Online Divorce LawsRESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce, either spouse must have been a resident of the State of North Carolina for at least six months next preceding the filing of the complaint. The divorce proceedings will be in the county where either party resides. [Based on North Carolina General Statutes, Chapter 50, Sections 50-3 and 50-8]
LEGAL GROUNDS FOR DIVORCE: North Carolina allows the following grounds for divorce:
- Living separate and apart for one year..
- Living separate and apart for three consecutive years, without cohabitation, by reason of the incurable insanity of one of them, the court may grant a decree of absolute divorce upon the petition of the sane spouse.
- The following are allowable fault grounds for divorce if either party: (1) Abandons his or her family; (2) Maliciously turns the other out of doors; (3) By cruel or barbarous treatment endangers the life of the other; (4) Offers indignities which render the other spouse's condition intolerable and life burdensome; (5) Becomes an excessive user of alcohol or drugs; or (6) Commits adultery.
[Based on North Carolina General Statutes, Chapter 50, Sections 50-5.1, 50-6, and 50-7]
LEGAL SEPARATION: North Carolina recognizes legal separation, provided, that the separation agreement must be in writing and acknowledged by both parties before a certifying officer. [Based on North Carolina General Statutes, Chapter 50, Section 52-10.1]
MEDIATION OR COUNSELING REQUIREMENTS: Whenever an action involves a contested issue as to the custody or visitation of a minor child, the matter, where there is a program established, shall be set for mediation of the unresolved issues as to custody and visitation before or concurrent with the setting of the matter for hearing unless the court waives mediation. [Based on North Carolina General Statutes, Chapter 50, Section 50-13.1]
PROPERTY DISTRIBUTION: North Carolina is an equitable distribution state. There shall be an equal division by using net value of marital property and net value of divisible property unless the court determines that an equal division is not equitable. The court shall consider all of the following factors when determining the property distribution:
- The income, property, and liabilities of each party;
- Any obligation for support arising out of a prior marriage.
- The duration of the marriage and the age and physical and mental health of both parties.
- The need of a parent with custody of children of the marriage to occupy or own the marital residence and to use or own its household effects.
- The expectation of pension, retirement, or other deferred compensation rights that are not marital property.
- Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services, or lack thereof, as a spouse, parent, wage earner or homemaker.
- Any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse.
- Any direct contribution to an increase in value of separate property which occurs during the course of the marriage.
- The tax consequences to each party that would have been incurred if the marital and divisible property had been sold or liquidated on the date of valuation.
- Acts of either party to maintain, preserve, develop, or expand; or to waste, neglect, devalue or convert the marital property or divisible property, or both, during the period after separation of the parties and before the time of distribution.
- Any other factor which the court finds to be just and proper.
"Separate property" means all real and personal property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent, or gift during the course of the marriage. [Based on North Carolina General Statutes, Chapter 50, Section 50-16.20]
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ALIMONY / MAINTENANCE / SPOUSAL SUPPORT: Either party may petition for
alimony. The court shall exercise its discretion in
determining the amount, duration, and manner of payment of alimony.
The duration of the award may be for a specified or for an
indefinite term. In determining the amount, duration, and manner of
payment of alimony, the court shall consider all relevant factors,
including:
- The marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation;
- The relative earnings and earning capacities of the spouses;
- The ages and the physical, mental, and emotional conditions of the spouses;
- The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;
- The duration of the marriage;
- The contribution by one spouse to the education, training, or increased earning power of the other spouse;
- The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;
- The standard of living of the spouses established during the marriage;
- The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs;
- The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;
- The property brought to the marriage by either spouse;
- The contribution of a spouse as homemaker;
- The relative needs of the spouses;
- Tax ramifications of the alimony award;
- Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
- The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property. [Based on North Carolina General Statutes, Chapter 50, Section 50-16.3A]
SPOUSE'S NAME: A woman, upon application to the clerk of court, may change her name to (1) Her maiden name; or (2) The surname of a prior deceased husband; or (3) The surname of a prior living husband if she has children who have that husband's surname. A man whose marriage is dissolved by decree of absolute divorce may, upon application to the clerk of court of the county in which he resides or where the divorce was granted setting forth his intention to do so, change the surname he took upon marriage to his premarriage surname. [Based on North Carolina General Statutes, Chapter 50, Section 50-12]
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CHILD CUSTODY: In contested custody cases, custody placement is
determined by the best interests of the child. In making the determination, the
court shall consider all relevant factors including acts of domestic violence
between the parties, the safety of the child, and the safety of either party
from domestic violence by the other party and shall make findings accordingly.
Between the mother and father, whether natural or adoptive, no presumption shall
apply as to who will better promote the interest and welfare of the child. Joint
custody to the parents shall be considered upon the request of either parent. If
the court finds that domestic violence has occurred, the court shall enter such
orders that best protect the children and party who were the victims of domestic
violence. If a party is absent or relocates with or without the children
because of an act of domestic violence, the absence or relocation shall not be a
factor that weighs against the party in determining custody or visitation. [Based on North Carolina General Statutes, Chapter 50, Section
50-13.2]
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NORTH CAROLINA CHILD SUPPORT LAWS: The court shall determine the amount of child support
payments by applying the presumptive guidelines. If, after considering the
evidence, the Court finds by the greater weight of the evidence that the
application of the guidelines would not meet or would exceed the reasonable
needs of the child considering the relative ability of each parent to provide
support or would be otherwise unjust or inappropriate the Court may vary from
the guidelines. [Based on North Carolina General Statutes, Chapter 50, Section
50-13.4]
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