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.