North Carolina Divorce Law Divorce Guidelines to File for a Divorce
Divorce Requirements for North Carolina Residents
Either of the parties involved in a divorce proceeding in North Carolina must be a resident of the State for at least six months immediately preceding the filing of the divorce action. It is imperative that the North Carolina residency requirement is satisfied or the court will find no jurisdiction on the divorce petition.
North Carolina Grounds For Divorce
North Carolina has both no-fault and fault-based grounds for divorce. Absolute Divorce in North Carolina is granted on the basis of either of the two grounds:
When the parties have been living separate and apart for a period of one year or longer
When the parties have been living separately and apart for a period of three years without cohabitation due to incurable insanity by either spouse, with actual medical records and testimonies
Child Custody Law in North Carolina
North Carolina family courts recognize joint legal custody in the child’s best interest. This set up allows one parent to have sole physical custody of the child while the other is awarded with visitation rights.
Aside from the many relevant factors considered by the courts in deciding over child custody cases in North Carolina, the following aspects are also being looked into:
- The safety of the child;
- The safety of of either party from domestic violence;
Guidelines for North Carolina Child Support
North Carolina child support guidelines are based on official guidelines and on the income shares model for calculating child support. However in some instances, a party may also request for a deviation from the guidelines.
There are different worksheets with varying calculations in North Carolina child support: Sole Custody Calculations, Joint Custody Calculations, and Split Custody Calculations.
The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income.
Where to file for a divorce?
North Carolina divorce forms can be filed in the county where either of the spouses resides.
For a fast and inexpensive divorce process, you can file North Carolina online divorce papers.
Refer to the “Divorce Requirements for North Carolina Residents” above and also review the best online divorce sites.
As in most divorce mediation proceedings, the divorcing couples in North Carolina and a third party mediator who is an expert in dispute resolution meet to resolve their issues. The aim is to reach an acceptable agreement for both parties and arrive at a fair settlement so the erstwhile couple can proceed with an uncontested divorce petition in court. Mediation in North Carolina makes the divorce process easier, faster, less expensive and less intrusive.
Need information for a different state?
You may also visit the North Carolina Courts