How does a divorce work in North Carolina?

Here are some of the other important legal questions and major issues that are common to the divorce process in North Carolina: North Carolina is an equitable distribution state. This means courts will attempt to divide property and assets in a divorce in a fair and equal way.

Do you have to prove fault for divorce in NC?

In North Carolina, you do not need to prove fault for divorce. As long as you prove there has been a period of one year of separation and that one party has resided in North Carolina for six months prior to the filing of the action, then you can apply for a divorce. Fault as no place in a strict Absolute Divorce action.

Can a judge decide equitable distribution before divorce?

If the judge signs the divorce prior to you asserting either of these claims, you will be barred from later bringing these claims in front of a judge. Both equitable distribution and alimony do not have to be decided prior to a Judgment of Divorce, they merely have to be pending.

What is the burden of proof in a divorce in NC?

Under North Carolina law, both parties in a divorce are required to make a full disclosure of their assets and debts that existed at the date of separation. This includes both marital and non-marital property. If there are disagreements about what constitutes a marital vs. non-marital asset, the burden of proof is on the party that made the claim.

As already mentioned, except for the absolute divorce which must be done in this state by a judge, all of the remaining four issues can be settled in North Carolina between husband and wife privately once they have fulfilled the required separation period.

Can a spouse own real estate in North Carolina?

Below is a list of common scenarios our office encounters in transactions involving North Carolina real estate, and the general requirements for each circumstance: Both spouses owning property – Both parties must sign documents in purchase, sale, or refinance transactions.

Are there any marital rights in North Carolina?

Marital Rights in North Carolina Real Estate. Occasionally sellers of real property, or borrowers in refinance transactions, are confused upon being informed their spouse is required to sign certain documents at closing.

What’s the waiting period for divorce in NC?

The primary ground for which divorces are granted in North Carolina is based on a separation of a year and a day. The policy behind the year waiting period was to give spouses a chance to assess if they really did want to go through with the divorce.

What happens to a spouse’s share in North Carolina?

The Spouse’s Share in North Carolina. In North Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants — children, grandchildren, or great-grandchildren.

Can you throw your spouse out of Your House in NC?

In North Carolina you can’t just throw your spouse out of the house because you want to be separated. This even applies if you owned the house before the marriage and only your name is on the Deed. You also cannot simply change the locks when they go to work one day.

Do you have to live in NC to get a divorce?

In North Carolina, one party has to reside in North Carolina for six months prior to the filing of the complaint. Therefore, as long as your spouse lives in North Carolina for six months and intends to remain in North Carolina, you do not have to live in North Carolina to obtain a divorce.

When to reconcile after divorce in North Carolina?

Spouses are free to reconcile at any time after they separate. Reconciliation occurs when the spouses voluntarily renew the marital relationship. The primary ground for which divorces are granted in North Carolina is based on a separation of a year and a day.