What are the Types of Divorce in North Carolina
Similar to marriage, the laws for divorce are mandated by state government. The differences between states can vary greatly for everything from the process to file to waiting periods and finalization. There are even different types of divorce depending on the state you live in. But it begs the question, what are the types of divorce in North Carolina.
So, what are the types of divorce in NC? Well, there are really only two: “absolute divorce” and “divorce from bed and board.” However, there are a total of five variations of divorce overall. Here is more information about each. Your Charlotte divorce attorney will help you in determining the best route for you.
Five Variations of Divorce in NC
First, North Carolina is a “no-fault” divorce state, which means there is no requirement to prove that your spouse has done something wrong to justify the request for a divorce. While a court may take certain behavior into account when determining things like child custody or dividing property, neither person has to claim fault. You must simply be a resident of NC and have been separated for at least 12 months and a day to file. Every legal divorce in NC, therefore, falls under this no-fault category.
Absolute Divorce: This is simply the term used to describe an official, legal divorce that has been declared judicially in a court of law. In North Carolina this happens after at least one year and a day of separation. Absolute divorce marks the permanent end to marriage and any privileges associated with that marriage. It also allows both parties to remarry if they so choose.
Divorce from Bed & Board: Most simply put, this is a fault-based legal separation. It is usually granted in cases where a spouse has committed adultery, abandonment, domestic abuse or other contemptuous treatment. It is not a legal divorce in NC. The marriage is still intact until other measures are taken for absolute divorce.
The next three types of divorce are really just variations on the process that lead to absolute divorce. If you search online for “what are the types of divorce in NC,” you may find any of the above or below listed.
Contested & Uncontested Divorce: Contested divorce is when an agreement cannot be made on some or all of the terms involved with the dissolution of the marriage. This includes details like child custody/support, division of property, debts, etc.
Contested divorce can be an extremely stressful, lengthy and costly process. It typically leads to the court deciding on all issues unless both parties decide to hire a mediator to work out an agreement.
Uncontested divorce is when both parties have reached a decision on all aspects of the divorce and have entered into a separation agreement.
Collaborative Divorce: This is a newer type of divorce that involves both divorce attorneys and mediation to reach an agreement on all aspects of the dissolution of the marriage. Each spouse works with their lawyer and a mediator to negotiate the terms of the divorce until they reach a consensus.
Mediated Divorce: A mediated divorce involves a professional mediator who may or may not be an attorney. They work with both parties to effectively communicate options, make suggestions, and help resolve any differences. This type of divorce method is typically more affordable and has a higher adherence rate compared to other types of divorce.
When asking what are the types of divorce in NC, these are the options available. Absolute divorce is the most common, but like anything, doing some research will help determine the best choice for you.
Filing for Divorce in North Carolina
Whichever route you decide to go, there are some requirements you should know about before you can file for divorce in North Carolina.
First, either you or your spouse must currently live in the state and have been there at least six months. In addition, you cannot be living together; you must be living in separate residences for at least a year and one day. This time apart can be proven to the court either by truthful testimony or a separation agreement.
Secondly, you must file the following required documents with your NC county clerk: a written complaint with supporting facts, a civil summons, a domestic civil action cover sheet, an affidavit regarding military status, and a court filing fee. All of these documents as well as more specific directions can be found on the NC courts website.
Make Sure You Know What Type of Divorce in NC You Require
Knowing what are the types of divorce in NC and at least the basics of the divorce process can help prepare you and prevent unexpected surprises. Hopefully you found this information helpful as you conduct your research.