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NORTH CAROLINA DIVORCE LAWS:

The Residency Requirement: Either spouse must have been a resident of North Carolina for at least six months prior to filing for divorce.

Grounds: There are only two grounds for absolute divorce in North Carolina: living separate and apart for one year, or proof that a spouse is incurably insane for a period of three years.

North Carolina also offers a “divorce from bed and board,” an intermediate step between marriage and absolute divorce that leaves the couples divorced financially while remaining married. Grounds that need to be proven for divorce from bed and board are: Abandonment; Being maliciously turned out of doors; Cruel or barbarous treatment that endangers life; Such indignities to the person as to render the condition intolerable and life burdensome; Alcohol and drug abuse; Adultery.

Property division: North Carolina is an equitable-distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally. Division is based on 16 factors (click the following for an expert's expert's overview and key tips on dividing up property through divorce).

Alimony: Either spouse may be awarded alimony. The amount, duration, and manner of payment are at the court’s discretion, based on 16 factors, including: the earnings of both spouses; the length of the marriage; any marital misconduct (North Carolina specifies anything from criminal acts to reckless spending and the abuse of drugs or alcohol); the standard of living established during the marriage; the differences between the education of the spouses, the ages, physical, mental and emotional state of the spouses.

Child custody and support: As in every state, child custody is determined by “the best interests of the child.” There is no presumption that either parent is better suited to have custody. The court will consider such relevant factors as: Any history of abuse or neglect; the relationship between child and parents and the ages of the children (click the following for an expert's overview and list of articles on child custody and child support)

North Carolina child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.

For a combined gross monthly income of:

  • $2,000, support for one child is $402; for two children, $584; for three children, $689.
  • $5,000, support for one child is $804; for two children, $1,160; for three children, $1,361.
  • $10,000, support for one child is $1,105; for two children, $1,575; for three children, $1,827.

To help you figure child support in your case, you can go to: https://nddhacts01.dhhs.state.nc.us/WorkSheet.jsp

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.

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  • Comment Link Guest Tuesday, 05 February 2013 21:02 posted by Guest

    primary residence: I left the primary residence and rented a house. My ex remained in the house and rented out one of the rooms. Shouldn't I have been paid rent for my portion and received some of the rental income?