Understanding the North Carolina Divorce Court Process

As you prepare for your divorce, you will find that understanding the North Carolina divorce court process may help you to feel more prepared and less overwhelmed by the legal proceedings.

Don’t hesitate to consult with a qualified and experienced divorce attorney at Lassiter & Lassiter to learn more about how your unique situation may differ from typical divorce cases.

Ensuring You’re Eligible for Divorce in North Carolina

To file for a divorce in North Carolina, also known as an absolute divorce, you must first be eligible to file for the legal process. To qualify, you and your spouse must have been separated for at least a year and a day at the time of filing. Separation means you are living apart from one another in different homes, while at least one party intended for the separation to be permanent.

To meet the residency requirement for filing for a North Carolina divorce, one spouse must currently live in the state. It’s also required for that party to have lived in North Carolina for at least six months prior to filing.

The rate of divorce across North Carolina in 2023 was 2.7 per 1,000 people. This is slightly above the rate of divorce nationwide, which was 2.4 per 1,000 people in 2023.

There are two legal venues that may process a divorce case in the Iredell County area. The Iredell County Hall of Justice is located at 226 Stockton Street, Statesville, NC. The Mooresville Courthouse is located at 610 East Center Avenue, Mooresville, NC.

Understanding the Court Process for Divorce in NC

After verifying the mandatory separation period and that you meet the residency requirement, the first step in the divorce process is to file the Complaint for Absolute Divorce with your county’s Clerk’s Office. The next steps are to serve the divorce papers to your spouse and wait for their response, which they have 30 days to do or 60 days if an extension is requested.

Then, important divorce issues must be settled. These matters include the equitable distribution of property, determining child custody and child support arrangements, and whether alimony will be a part of the divorce settlement. Depending on your unique circumstances, these divorce issues may be complicated and time-consuming to reach an agreement on.

For spouses who are willing to work together, mediation may be advantageous. Mediation entails both parties resolving divorce disputes outside of court, in proceedings facilitated by their legal teams. Whether you go ahead with mediation or traditional court proceedings, you must submit the divorce agreement to the court. If the court approves, the divorce is then finalized.

Do I Need to Hire a Divorce Lawyer in North Carolina?

You are not required to hire a divorce lawyer, but it is highly recommended that you do. The easiest way to manage the divorce process in North Carolina is with the help of a skilled divorce law attorney. North Carolina divorce laws can be difficult to understand, so it’s beneficial to work with a legal professional who has in-depth knowledge of court procedures and the divorce process.

Choose Lassiter & Lassiter for Your Divorce

Our family law firm has been helping families across North Carolina since 1970. We take pride in our reputation for providing high-quality yet personal legal representation. We can connect you with a knowledgeable and skilled attorney with extensive experience.

FAQs

What Are the Steps for Divorce in North Carolina?

In North Carolina, the steps for divorce are as follows:

• Meet the residency and separation requirements.
• File a Complaint for Absolute Divorce with your county Clerk’s Office.
• Serve your spouse the divorce papers and wait for their response.
• Resolve the divorce disputes of equitable property division, child support and custody, and alimony.
• Submit the divorce agreement to the court for approval.

If the settlement is accepted, the divorce is finalized.

Am I Eligible to File for Divorce in North Carolina?

To be considered eligible to file for absolute divorce in North Carolina, you and your spouse must meet the residency and mandatory separation requirements. State residency requirements for divorce assert that at least one spouse must currently live in North Carolina and have for the past six months at the time of the divorce filing. Spouses must also have been separated, living in different houses, for at least a year and a day before filing.

Should I Get a North Carolina Simple Divorce?

Whether or not you should get a simple divorce depends on your situation. A simple divorce is an informal term for when the filing party simply wishes to get a divorce and not settle any of the other aspects typically associated with divorce. This means the spouse does not wish to seek spousal support or equitable property division. A simple divorce may be preferable in some circumstances. Consult with a lawyer to determine whether it may be advantageous for you.

Does My Spouse Need to Agree to Divorce in NC?

No, your spouse does not need to agree to the divorce in order for you to proceed in North Carolina. As long as you are eligible to file for divorce and your spouse was properly notified of the divorce filing, the case can move forward regardless of their participation. This means that your spouse does not need to sign or complete any paperwork, attend the divorce hearing, or file anything with the court.

How Does a Divorce Attorney Help Me in NC?

A North Carolina divorce attorney helps you by guiding you through the legal process and ensuring your rights are protected. As your legal counsel, your attorney explains the implications of the divorce proceedings and goes over all of your options with you. They also get to understand your needs, priorities, and goals and incorporate that knowledge while advocating on your behalf. Divorce attorneys are experienced in negotiation as well as litigation.

Experienced Divorce Lawyers Ready to Help You

At the family law firm of Lassiter & Lassiter, our professional attorneys understand how stressful the divorce process can be. That’s why we’re here to simplify the proceedings and ensure your right to a fair settlement is honored.

Contact our team today to schedule a consultation with a skilled divorce lawyer.