Divorce Process North Carolina
Summary
In North Carolina, a one-year separation is required before filing for divorce. No-fault divorce is available. If spouses cant agree on terms, court intervention may be necessary. The parent with primary custody often stays in the marital home, with the childs best interest being paramount. If both parents have custody, the court decides who stays in the marital home. Dependent spouses may be entitled to alimony, which is determined by the court based on various factors. The first step in seeking a trial separation is to consult with a family law attorney.Full Conversation
considering trial separation or divorce
Do you and your spouse agree on the terms of the separation or divorce?
In North Carolina:
- A one-year separation is required before filing for divorce.
- No-fault divorce is available.
no
What are the main points of disagreement between you and your spouse?
In North Carolina:
- If spouses can't agree, court intervention may be necessary.
- Wake County Family Court: (*) *-*
who will remain in the marital home
Who has primary custody of the children, if any?
In North Carolina:
- The parent with primary custody often stays in the marital home.
- Child's best interest is paramount.
both
In North Carolina, if both parents have custody, the court decides who stays in the marital home based on the child's best interest.
i am a dependent spouse
In North Carolina, dependent spouses may be entitled to alimony. Have you considered this in your separation or divorce plans?
yes
In North Carolina:
- Alimony is determined by the court based on various factors.
- Wake County Family Court: (*) *-*
what is my first step to seek trial separation
The first step in seeking a trial separation in North Carolina is to consult with a family law attorney. They can guide you through the process and help protect your rights.