North Carolina Divorce Requirements

Residency

At least one party (the Plaintiff or Defendant) in a suit for divorce must currently be a resident of North Carolina, and have resided in the state for a period of at least the six (6) months prior to filing. The divorce may be filed in the county in which either party resides.

In North Carolina, the Court cannot grant a divorce without disposing of property issues. Additionally, if children were born to or adopted during the marriage, orders concerning their conservatorship and support will be determined at the same time.

Separation

In North Carolina, at the time if filing, the parties must have been separated for at least the previous twelve (12) months. This separation must be constant, without any reconciliation or resumption of the marital relationship, and intended to be permanent.

Marital Settlement Agreement

A Marital Settlement Agreement (MSA) is highly recommended if minor children are involved, and required if alimony, child support, child custody, or property division will be requested.

Simplified Divorce Procedures

North Carolina does not have simplified divorce procedures in place; however, it does recognize premarital agreements and marital settlement agreements that include property settlement and spousal support.

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