No-fault divorce in North Carolina

March 14, 2024

Gone are the days when getting a divorce meant proving your spouse did something wrong. This old system often trapped individuals in unhappy marriages. Today, all states, including North Carolina, offer no-fault divorces, making the process simpler and more accessible.


What Makes North Carolina Unique?

North Carolina stands out as a "true" no-fault state. Here, you don’t need to list reasons like “irreconcilable differences,” nor do you need your spouse’s agreement to proceed. The process is straightforward: either spouse must have lived in North Carolina for at least six months, and the couple must have been separated for over a year. Your honest testimony about the separation is enough to satisfy the court.


Starting the Divorce Process

To initiate a no-fault divorce, you’ll need to file a complaint in the county where either spouse resides. Along with the complaint, you’ll submit a Domestic Civil Action Cover Sheet, an affidavit regarding your spouse’s military status, and pay a court fee. You must also serve your spouse with the divorce papers, either through certified mail, UPS, FedEx, or by using the county sheriff’s office. Once served, your spouse has 30 days to respond.


Beyond the “Simple” Absolute Divorce

Despite being labeled a “simple” absolute divorce, the process involves more than just filing paperwork. Critical issues such as property division, spousal support, and child custody still need resolution.

  • Property Division: You must file for equitable distribution of marital property before the divorce is finalized. Failing to do so means losing the right to have the court enforce the division of assets.
  • Spousal Support: Any claims for alimony must also be made before the divorce is finalized to preserve your rights.
  • Child Custody and Support: Parental rights and responsibilities continue after divorce. It’s advisable to have a child custody plan in place before the divorce is finalized to ensure stability for the children.
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Moving Forward

Navigating a no-fault divorce in North Carolina involves several steps, but understanding the process can help you move forward with confidence. Addressing all necessary issues early and seeking professional guidance ensures a smoother transition and protects your rights throughout the divorce. If you have questions or uncertainties, consulting with a knowledgeable attorney can provide the clarity and support you need during this significant life change.

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Update Your Estate Plan Today: Secure Your Future and Protect Your Loved Ones

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As we approach the midpoint of 2024, it's a perfect time to reassess and update your estate plan. Life is constantly evolving, and it's essential to ensure your estate plan reflects those changes. Whether it's the birth of a child, a marriage, a divorce, or a change in financial circumstances, your estate plan should adapt to your current situation. Key Life Events to Consider Significant life events can have a substantial impact on your estate plan. Consider the following changes: Birth of a Child: Ensure your new family member is included in your will and consider guardianship arrangements. Marriage or Divorce: Update beneficiary designations and other legal documents to reflect your current relationship status. Change in Financial Circumstances: Adjust your plan to account for new assets or changes in your financial situation. Updating your estate plan will only take a few minutes of your time, but it can provide immense peace of mind by securing your future and protecting your loved ones. Take Action Now Many people hesitate when it comes to updating their estate plans. Don’t wait until it’s too late. Take action now by clicking here to answer a few questions and start the process. Investing a few moments today can make a significant difference in ensuring that your estate plan reflects your current wishes and provides for those you care about most. Reach out to Maitland & Stiffler Law Firm, PLLC, and let's schedule a brief call to discuss any updates or revisions needed for your estate plan. Secure your future by updating your estate plan with us today.
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Special considerations for a later-in-life divorce

By willcrainexela • January 12, 2024
Over the past 25 years or so, judges, attorneys and others have noticed a growing trend of people who are getting divorced later in life. Some call this phenomenon “grey divorce,” and define it as any divorce involving people over age 50. However, many of these divorces involve people older than that. According to some sources, 10% of American divorces… The post Special considerations for a later-in-life divorce first appeared on Maitland & Stiffler Law Firm, PLLC.
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