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Laws & Courts:
North Carolina Law - state statutes. Chapters 50 and 50A. North Carolina Courts - downloadable forms, opinion database, FAQ sheet and news from NC Supreme, Appellate and Trial Courts.
North Carolina Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Child Support Enforcement - information for parents and employers.
Additional Resources:
North Carolina Bar Association - public information pamphlets, feedback form, and court news from the NCBA. Mediation Network of North Carolina - information about an alternative for parents involved in a bitter divorce, mediation. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status. Men's Inquire Meeting, Raliegh - a structured monthly meeting in which men explore questions about what it means to be man and other issues in our lives. The result is that we discover skills, wisdom, and knowledge that we may never have discovered on our own. We also, support other in setting up similar meeting and sharing their ideas with us.
E-mail: inquire@mindspring.com
Legal overview Divorce in North Carolina requires that you have been resident for at least 6 months. There are two grounds upon which to obtain a divorce in North Carolina, a divorce based on separation for one year and incurable insanity. Read our detailed legal summary of North Carolina including grounds, residency, child custody, child support, alimony, mediation, property, settlement agreements, and annulments.
Residency
If you seek to file a divorce in North Carolina, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you must have been a resident for at least 6 months. The papers for dissolution of marriage must also be filed in a county where either of the spouses resides.
Grounds
There are now only two grounds for divorce in North Carolina. All fault grounds have been abolished. Separation for One Year. If a husband and wife have separated with the intent of ending their marital relationship and have lived separate and apart for one year without resuming their marital relationship, either may file for divorce, provided one of the parties has been a resident of the state for at least six months. Spouses living in the same house are not living separate and apart.
Whether there has been a resumption of the marital relationship during the separation period will be determined by all of the circumstances. Isolated incidents of sexual intercourse during the seperation period will not be considered a resumption of the marital relationship.
Incurable Insanity. Where a husband and wife have lived separate and apart for three years (without cohabitation) because of the incurable insanity of one of them, the sane spouse may petition for divorce.
Mediation
After a motion for divorce is filed a judge may determine that there is a chance of reconciliation and may order mandatory mediation for the spouses. Also one of the spouses may tell the court they think things can be worked out and may ask the court to have a hearing to see if the marriage is truly irretrievable. If the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for an attempt at reconciliation.
Annulments
Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree that a marriage is void. In addition, an annulment proceeding can resolve some of the same issues that would be the subject of a divorce proceeding, such as child custody and support and alimony. Annulments are granted only in limited situations and cannot be granted merely because the marriage is of short duration. They are normally not granted for "religious" reasons.
Property
North Carolina law now declares that all property, including real estate and some pensions, accumulated during the marriage by the parties' efforts (exclusive of gifts and inheritances) shall be divided equitably between the parties, regardless of which party holds title or ownership to that property. The division of property will be equitable, which is not necessarily equal.
Parties may resolve property questions by entering into a written agreement at any time before or during separation. However, if property questions are not settled by written agreement, a claim for equitable distribution must be filed with the court prior to the granting of a divorce or rights to an equitable distribution of property will be forfeited. You should consult an attorney about these very important and complex property issues. If the parties cannot agree upon the division of property, the law provides the means of bringing the issue before the court, which will divide all of the property in such manner as it finds to be equitable.
Alimony
Alimony is spousal support. In North Carolina, alimony can be obtained only when the financially dependent spouse can demonstrate that the supporting spouse has committed marital fault. Because of the complexity of the grounds for alimony, an attorney should be consulted regarding any questions about them.
To obtain alimony, a spouse will have to show (1) that the breakup of the marriage was essentially the fault of the other spouse, (2) that he or she is essentially without fault as to the breakup of the marriage, and (3) that he or she is actually and substantially dependent upon the other spouse for support. A spouse seeking alimony can be held responsible for misconduct even after the separation of the parties and until there is a final resolution of the alimony claim. A claim for alimony is forfeited if it is not put forward before a divorce is granted.
Child Custody
This is the most crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard--the best interests of the child. Custody will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child and able to control and direct the child.
Other factors considered may include the age of the parent and child, the physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision. Custody may be changed if there is a marital change in circumstances.
The court will normally set visitation rights if the parents cannot voluntarily agree upon satisfactory arrangements. An important factor to the court in most custody cases is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives.
Child Support
Normally the party not having custody will be called upon to contribute to the support of the minor child. This could be an obligation of the mother as well as the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state Child Support Guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. It may be increased or decreased if a material change occurs in the circumstances of either or both of the parents of the child.
Settlement Agreement
A settlement agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other.
