DIVORCE
Divorce in North Carolina
Divorce in North Carolina is a process beginning with separation. If you are considering separation or divorce, our Chapel Hill divorce attorneys are here to help you. The attorneys at Averett Family Law work with individuals in Pittsboro, Siler City, Chapel Hill, Carrboro, Hillsborough and surrounding areas in Chatham, Orange, Durham, and Lee Counties. The team at Averett Family Law includes a Certified NC Family Law Specialist and experience with “silver” and military divorces. Call us today at (919) 903-9442 or email us for answers to your questions or to schedule an appointment.
Can I get a divorce in NC?
Every state handles divorce differently. North Carolina law generally requires the parties be separated for at least one year before a divorce will be granted. In addition, at least one party must have been a legal resident in NC for at least six months. You do not need to prove fault and your spouse does not need to agree to the divorce.
There are sometimes questions about the date the separation began. This can arise if one party believes you have reconciled but the other does not. If you and your spouse have sex after the date of separation, this does not automatically delay the divorce. If there is disagreement about whether or not you have reconciled, you may wish to speak to a divorce lawyer.
When should I hire a divorce lawyer?
You should consider hiring a divorce attorney before proceeding on your own if:
- You have joint debts or joint property, even if it’s not titled in both names. Under NC law, if either of you bought items, increased the value of things you already owned or even earned retirement benefits during the marriage, your spouse may be able to claim half of the value. Likewise, debts incurred during the marriage, regardless of whose name it’s in, may be a marital debt for which both of you are responsible.
- You own your home or property of significant value, like a vacation property or a boat.
- You have debts that were incurred during the marriage, or your spouse does.
- The car you drive is titled in your spouse’s name, or your name is on the car your spouse drives.
- You have children together.
- You want support from your spouse, such as child support or alimony.
- You don’t have an address for your spouse.
- You are not sure whether you have been separated for a year.
- Your immigration status would be affected.
- You are afraid about how your spouse will react or there has been violence in your marriage.
An attorney can tell you how getting a divorce may affect other rights you have as a married person, such inheritance, health insurance eligibility, and tax status.
Do I need an attorney to get divorced in NC?
You are not required to have a divorce attorney. If you and your spouse have resolved any potential disputes and you are confident you understand the implications, you may file for divorce in North Carolina without a lawyer. There are five basic steps, from filing a complaint and summons with the court to attending the final court hearing. For more detail, please see our article on Filing for Divorce without an Attorney.
Child Custody Issues
It is especially important to consider custody issues if you have children, understand your financial situation and whether spousal support will be paid (or received), and discuss division of property – both real property (any homes you own) and personal property (cars, furniture, artwork, jewelry, etc.). A family law attorney can help answer specific questions you might have.
The divorce attorneys at Averett Family Law are here to help you understand the divorce process and work with you to achieve a positive outcome.