Divorce

In order to file for divorce in the North Carolina courts one of the spouses must have resided in the state for six months prior to filing for divorce. The North Carolina state statutes require the spouses to live separate and apart for at least one year prior to a divorce being granted.

Grounds for Divorce

The complaint for divorce must state the grounds for the divorce. Grounds in North Carolina include:

1) no-fault divorce which may be granted if the parties have lived separate and apart for at least one year and neither party is contesting the divorce;

2) a divorce with fault may be granted if the defendant or non-filing spouse

a) abandons his or her family,

b) throws out the plaintiff or filing spouse,

c) endangers the life of the filing spouse or otherwise renders the plaintiff’s life intolerable,

d) becomes an excessive user of drugs or alcohol making the filing spouse’s life burdensome, or

e) commits adultery.

The divorce proceeding will also determine an “equitable distribution” of the marital property. In North Carolina an equitable distribution does not always mean equal but rather that the property will be divided fairly. The court will encourage the spouses to reach a mutual agreement on the division of property and debt but if the spouses fail to agree the court will issue a property award order.

The court may or may not determine that an equal split of the marital property is equitable. The court may consider these factors in determining the division of the property: 1) the income, property and liabilities of each party at the time the division of property is to be effective, 2) any obligation for support from prior marriages, 3) the duration of the marriage and age and health of the spouses, 4) the need of the custodial parent to occupy the marital residence and use the household effects, 5) the expectation of pension, retirement or other deferred compensation that is not considered as marital property, 6) any claim of, or direct or indirect contribution made to the acquisition of marital property by the party not having title to the property, including joint efforts and contributions and services as a spouse, parent, wage earner or homemaker, 7) any direct or indirect contribution of one spouse to the other spouse’s education or career development, (8) any contribution to an increase in the value of property that occurred during the marriage, 9) the liquid or non-liquid character of all marital property, 10) the difficulty of evaluating any asset or interest in a business, corporation, or profession, and the economic desirability of retaining such asset or interest intact and free of any claim or interference by the other spouse, 11) the tax consequences, and 12) any other factors the court finds to be just and proper.

Woman’s Name Change

A woman whose marriage is ended by a divorce may request her name be changed to her maiden name, the surname of a prior deceased husband or the surname of a prior living husband if she has children who have that husband’s name.