North Carolina's Residency Requirements

Either spouse must have been a North Carolina resident for 6 months prior to filing the divorce forms.

North Carolina's Grounds for Divorce

North Carolina residents may file for divorce under fault or no-fault grounds.

North Carolina's no-fault grounds is:

• living separate and apart without cohabitation for 1 year or more

North Carolina's fault grounds is:

• confinement due to incurable insanity for 3 years or more

North Carolina's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a North Carolina court will make a ruling.

North Carolina's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

North Carolina courts consider factors such as:

• the needs of the child
• each parent's ability to provide support
• each parent's contributions as homemaker and child caretaker

North Carolina's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support type, or the courts may award spousal support.

North Carolina courts consider factors such as:

• each spouse's financial situation, marketable skills, and income
• the standard of living experienced during the marriage
• whether one spouse contributed to the other's education, career, and earning capacity
• any marital fault

North Carolina's Property Division Guidelines

North Carolina has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

North Carolina courts consider factors such as:

• each spouse's financial circumstances after divorce
• duration of the marriage
• each spouse's contribution to the property, including acquisition and upkeep

North Carolina's Venue Guidelines

A petitioner may file the divorce forms in their North Carolina county of residence, or in the respondent's county of residence.