North Carolina Annual File For Divorce
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FAQ
North Carolina law presumes that an equal (50/50) division of marital property is ?equitable,? or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.
To get a divorce in North Carolina, you do not have to go to court. You can file for divorce through the mail or online.
You are eligible to file for divorce, also called an ?absolute divorce,? only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.
Steps for Getting an Absolute Divorce Complete the Court Forms. File Court Papers in the Clerk of Court's Office. Serve the Papers on the Defendant (your Spouse) Wait 30 days, then set date for Hearing. Go to Court with prepared Judgment for Judge's review.
North Carolina is a 50/50 divorce state. In NC, splitting up the marital property 50/50 is considered equitable and fair. However, NC divorce laws consider many factors that typically indicate a need for an unequal marital property division, in which case a 50/50 distribution would not be fair.