Divorce often comes with difficult emotions including sadness, anger, confusion and fear. You might accept that your marriage is over but still feel scared over what comes next.
Navigating the complexities of the divorce process can seem overwhelming. Having a general understanding of how the divorce process works in North Carolina allows you to learn what to expect and hopefully ensures a better experience.
As with most states, North Carolina has specific rules, deadlines and time limits that must be followed to successfully complete the divorce process. Ending a marriage is usually not as quick as it appears in movies or on television shows, where spouses appear to divorce within a matter of days.
Waiting periods and residency
First, you and your spouse must have lived apart for at least one year before you can even start the divorce process in North Carolina. The only exception to the one-year separation requirement is if one spouse has incurably insanity. This requires medical testimony that one spouse has been confined in a mental institution for at least three years and their insanity is incurable.
Additionally, one spouse must have lived in North Carolina continuously for at least six months before filing for divorce. If the court questions North Carolina residency, documents such as a driver’s license, bills or a lease can be used to prove residency.
The easiest separation date to use is the day that one of you moves out of the marital residence. Moving out is not always an option. Perhaps neither of you can afford to move out. Spouses can sometimes show that they have lived apart for purposes of the one-year requirement even if they continued to live in the same household during that time.
In these situations, courts examine whether you truly lived separate lives although physically residing under the same roof. Separate bedrooms, eating times and bank accounts are examples of evidence that could be used to prove you lived separately.
Filing and serving the divorce petition
Once the one-year requirement is met, you must file a complaint for divorce and serve the complaint upon your spouse by certified mail or through the sheriff’s office. Once your spouse is served with the complaint, they have 30 days to file a response.
When the 30-day waiting period is completed, a court will schedule a divorce hearing. When this hearing is scheduled and the hearing requirements depend on your specific county, but generally a court will confirm all requirements have been met and if so, grant your divorce.
While you are waiting for your divorce hearing, use this time to try to resolve outstanding divorce issues, such as equitable distribution, child custody, child support, alimony or any other divorce-related issues.
Options for divorce resolution
If you and your spouse cannot resolve these issues between yourselves, divorce mediation could be an option. A divorce mediator is a neutral third-party who listens to each side and offers guidance and suggestions for resolution without taking a side.
When resolution of all issues is not possible, the issues will be decided by a judge at your hearing. It is best to understand your legal rights concerning these issues and have someone by your side through the process.