A North Carolina divorce can be filed by either spouse to end the marital relationship. Upon the court?s approval of a North Carolina divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, spousal support (alimony) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested North Carolina divorce without the expense of an attorney.
Types of Divorce in North Carolina
There are no legal provisions in North Carolina for simplified divorce procedures. However, premarital and marital property settlement agreements are specifically recognized as valid. Generally, when divorce in North Carolina is uncontested if you and your spouse can agree on major issues such as property division, alimony and child support, and if it is unlikely that your spouse will file papers in court disagreeing with the divorce request. On the other hand, a divorce in North Carolina is contested if you and your spouse cannot agree on enough issues to require resolution by the court.
Alternatives to Divorce in North Carolina
Legal separation, know as divorce from bed and board in North Carolina, is a civil lawsuit that does not legally end a marriage, but allows the court to issue orders concerning property division, spousal support, allocation of parental rights and responsibilities, child support and parent time allocation for any minor children. The parties remain married, but live separately. When a court grants a legal separation, each party must follow the court's specific orders. The grounds for divorce from bed and board are: abandonment; adultery; alcoholism and/or drug addiction; cruel and inhuman treatment endangering the life of the spouse; personal indignities rendering life burdensome and intolerable; and maliciously turning a spouse out-of-doors.
Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree that a marriage never occurred. Annulments are rare and only granted in unusual circumstances.