An Overview of Family Law and How Divorce Cases Work in North Carolina

Divorce is not easy, even when the differences are irreconcilable. In North Carolina, the divorce process requires time, patience, and familiarity with the state’s family laws. The law demands that couples live apart for an entire year before they get a divorce.

However, North Carolina family law goes well beyond a divorce. It also determines who gets the child, how the property is divided, and how the alimony is awarded. Determining this can be emotionally and legally challenging for the couples. Therefore, having an understanding of how the process goes helps you get prepared.

“Dividing marital property is more than just splitting assets—it’s about ensuring fairness based on each partner’s contributions and circumstances,” says family law attorney Maria Ximena Sussman of Sussman Law Firm.

This article details how the divorce process works under family law in North Carolina.

Initiating the Divorce Process

A notable requirement before divorce starts in North Carolina is separation. Before filing for divorce, the spouses must have been living separately for at least 12 months. This is done with the intent to end the marriage based on the differences they cannot work on. Throughout this period, both sides can think and determine whether reconciliation is possible.

Where reconciliation fails, either spouse has the right to file for absolute divorce. This is done by completing legal forms and providing formal notice to the other spouse. If the other spouse agrees to the details on the document, the process goes smoothly. However, when there are disagreements, it becomes a contested divorce that may lead to a lengthy court trial.

Division of Assets and Property

Figuring out how to divide what the couple has acquired together is a challenging aspect of divorce.. According to North Carolina law, this division should use the equitable distribution system. Marital property acquired throughout the marriage is distributed evenly, but not always equally.

Some properties, like inheritances or gifts given personally, can remain with their original recipient. For joint properties, couples can work out a formula for sharing. Otherwise, the court steps in and makes the decisions based on relevant facts. The length of time the couple was together and the income and contribution of each spouse to the family also impact the decision.

Child Custody and Support

Divorce becomes more complicated when children are involved. This involves deciding who the children will live with and the support to provide them. Making such decisions is an emotionally challenging part of the court process. However, the North Carolina court focuses on what will most benefit the child’s overall well-being, and they look at which parent can create a stable and nurturing environment for the child. 

Where child support is involved, both parents are obligated to contribute. The amount to support is based on both parents’ incomes and the amount of time the child spends with each of them. This way, the child continues to receive adequate care regardless of whether or not the parents were married.

Spousal Support (Alimony)

In certain divorces, one spouse finds himself or herself in a weaker financial situation than the other, especially when one spouse is the sole breadwinner. In this case, spousal support, or alimony, comes in. Alimony prevents the lower-income spouse from falling into sudden financial hardship.

The court considers various factors to determine how much alimony a spouse gets. These factors include the years the couple was married and the financial strength of both parties. Alimony, if awarded, starts when the divorce is complete and could last a lifetime.

Conclusion

Ending a marriage may be demanding and challenging. However, it can mark the start of a new life in which healing and growth are possible. The system put in place to process a divorce helps to salvage the situation and ensure the couple can navigate it carefully. Though the process can be emotionally hurtful, understanding how it works gives insight and calmness. 

Also, to ensure you are getting things right, you should speak to a divorce lawyer in North Carolina for help. No two divorce cases are similar.