Learn How to File for a NC Divorce and Prepare for Court

 What you first need before you file for a divorce in NC, as elsewhere, is a lawyer. Whether or not you and your spouse are both agreed upon going through a divorce, there are issues that need to be settled and this is best done with legal help.

The issues that come up when you are filing for divorce include dividing up your assets, arranging for child support and custody, alimony and other complicated matters. Remember, you are about to go through what could be a complex, legal process and you would be well advised to retain a legal professional instead of trying to do it yourselves.

You first need to ascertain in which court and jurisdiction you should file the divorce petition. Should this be at your county, district or circuit court, superior court or the family court? You can inquire about this at your local court clerk's office.

Paperwork Involved When Filing for North Carolina Divorce

You need to have all your paperwork ready before you file divorce papers. These could include: the deed or mortgage contract on a house, records of joint debt, checking account records, retirement plan paperwork, and even the household expense sheets.

You should now think over carefully and decide how you want to split the property. When filing divorce papers, unless specific property items are listed in the divorce decree, you may lose out legally if there is any later dispute over them.

At this time, you should also decide your stance on alimony, child support and child custody, and similar other issues. Once you have done these things, it is time to file the divorce papers.

In regard to the content of your petition, that will depend on the degree of shared understanding between you and your spouse. If you are both agreed on a peaceful and dignified divorce, you can make the filing for a ‘no-fault’ divorce (based on "irreconcilable differences").

On the other hand if your spouse is likely to contest the divorce, you will have to bring charges against them, making him or her responsible for failure of the marriage relationship. If you are filing for a 'no-fault' divorce, you can together decide which of you is going to file the initial petition. It does not matter which one of you files.

If there is a dispute, you must now file a legal petition for temporary custody and support of children. You need to keep a record of evidence that your spouse has been served with a copy of the divorce petition and related papers. Papers can be served at the office of his or her appointed lawyer or, with all possible dignity and decency at home – not publicly, like at a place of work or on the street.

Residency Requirements

Residency requirements for a divorce in North Carolina are fairly simple and straightforward. Either of you must have been a resident for a period of 6 months prior to filing of the divorce petition. It may be filed in a county where either of you resides.

Grounds for Divorce

Your petition for dissolution of marriage must be based on grounds recognized as valid in the state. Please also keep in mind that no matter what the ground, it needs to be substantiated with evidence or testimony. In its absence, the court may dismiss the case.

It is necessary for you to gain an understanding of the divorce ground and legal implications of this when you are either agreeing for the divorce or filing the petition yourself.

If you both agree that divorce is the best solution to your mutual problems, and want the process completed as painlessly as possible, you can simply file for a ‘no-fault’ divorce. In North Carolina, this is a somewhat time-consuming process.

Your only ‘no-fault’ grounds can be that you have lived separate and apart for one year, and you or your spouse have resided in the state for a period of 6 months. You then will have a one-year wait in store.

You can file for ‘at-fault’ NC divorce on these grounds:

1.    Incurable insanity
2.    Impotency
3.    Adultery
4.    Abandonment
5.    Maliciously kicking out the spouse
6.    Barbarous or cruel treatment that can be dangerous to the spouse’s life
7.    Offering indignities that make the life of the spouse burdensome and intolerable
8.    Excessively taking drugs or alcohol and making the condition of the spouse intolerable and thus burdening their life

Official Documents

As in other states, the two documents essential to a divorce suit are the Complaint for Divorce, which starts proceedings, and the Decree of Divorce, which comes at the end. In between, the opposing parties exchange documents of disclosure, challenges and admissions, and take sworn depositions.

The court may issue temporary orders until a final judgment, and order mediation to reconcile the parties. The court also decides on issues such as restoration of premarital names, child custody and support, visitation rights, alimony and property division.

Being an "equitable distribution" state, North Carolina divides marital property for fairness, not equal shares. In this, it does not weigh responsibility for marital breakdown, but does weigh each spouse’s role in enhancing or wasting the value of marital property.

The court intervenes only if the parties fail to reach a settlement on property and debt issues. Similar principles apply to spousal and child support, which are settled on a case by case basis.