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Divorce in North Carolina: Frequently Asked Questions

divorce in North CarolinaGoing through a divorce can be difficult for all parties involved. If you’re considering divorce, it’s important to get the facts and understand how divorce law works in the state of North Carolina. In addition, quality legal representation is a must for anyone in this situation. Whether you are the one initiating divorce proceedings or not, it’s imperative to have an experienced attorney in your corner. If you have questions about the divorce process, you’re not alone. Check out some of the most frequently asked questions about divorce in North Carolina:

  1. Is a period of separation required before I can file for divorce?

Yes. In the state of North Carolina, married couples must live separately for a period of no less than a year before being permitted to file for divorce. During this year, a couple may resolve their marital problems and decide not to file. For couples who are determined to divorce, the year of separation can be used to work through issues related to property and custody before divorce proceedings begin.

  1. Will I be required to pay alimony after my divorce?

Alimony, also known as post-separation support, is payment made from one spouse to the other on a regular basis. Alimony payments are most often seen in divorce cases where one spouse provided significant financial support to the other during the marriage. The payment of alimony is not a requirement for North Carolina divorce and is determined on a case-by-case basis by the courts.

  1. How will child custody be determined? 

The issue of child custody is of utmost importance to the North Carolina family courts. The number one priority of the court system when it comes to cases involving child custody is the safety, health and well-being of the children involved. There are many factors that come into play when deciding child custody, including the abilities of both parents to adequately care for the child or children in question. Your attorney can advise you further on issues relating to child custody during your divorce.

  1. What about property? How are assets divided when a couple decides to divorce?

If you’re concerned about the fate of property and assets during your divorce, it helps to understand what constitutes marital property and separate property. Marital property encompasses things like homes and land. Separate property refers to things you acquired before the marriage, as well as any inheritances or gifts received separately, even if they were acquired during the marriage. North Carolina uses equitable distribution to divide property, with the end goal of being as fair as possible to both parties.

Even if divorce is determined to be the best course of action, it’s never easy. However, the services of an experienced attorney can take some of the stress out of the divorce process. At the Law Office of John C. Fitzpatrick, we believe everyone is entitled to quality legal representation ― which is exactly what we deliver. This means giving each and every case individual attention and personalized service. Your attorney will stay in close contact with you during the entire divorce process, and will keep you updated on the details of your case as they occur. Contact us today to schedule your 100% percent confidential consultation!