Separation Requirement

North Carolina requires couples to live apart with the intention of divorce for a year before they end their marriage. Couples must have different residences during separation. They must not get back together during this time period. If you do get back with your spouse during this time and then later decide again to divorce, the one-year clock starts over. Couples cannot be separated and continue to reside in the same home, even if they intend to divorce.

What is the Child Custody and Visitation Mediation Program?

North Carolina provides a child custody and visitation program for parents who are going through a contested divorce. The program is designed to provide mediation services to assist parents in coming to an agreement regarding issues of custody and visitation. When the court requires the program, parents must attend unless the court waives it for reasons such as domestic violence or abuse issues. The program is in accordance with North Carolina law (N.C. General Statutes 50-13.1)

Work From a Single Calendar

One of the best tips that divorced parents can utilize is to work together from a shared digital calendar. Your child’s school may provide access to a calendar, so it is important that both parents have access. Parents can create a shared electronic calendar they can use to include all the information needed in one place. Include school days, vacations, holidays, doctor appointments, activities, pickup schedules, and anything else that parents need to know.

Identify Your Assets

It is essential to understand which assets are yours alone and which are considered marital property. Separate property is generally anything you owned prior to marriage. Document your personal assets with receipts, titles, and photos. In particular, you will want to secure proof of purchase date to show that you bought the asset prior to your date of marriage.

Uniformed Services Former Spouses’ Protection Act

While marital assets in North Carolina are distributed equally, military pay can be complex. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a law that gives state courts the right to distribute military retired pay to a spouse/former spouse. It is a federal law, so it pertains to the entire country. A former spouse may get medical benefits as well as commissary and exchange benefits through either the MWR program or through Tricare medical benefits. To qualify for these benefits, you must meet certain criteria. This is called the 20/20/20 rule.

What is a “No-Fault” Divorce?

You do not need to prove marital misconduct in order to obtain a no-fault divorce. There are no grounds for divorce necessary for an absolute no-fault divorce in North Carolina. Neither party is to blame. You need only agree that the marriage is irretrievably broken and no longer viable. A no-fault divorce is concerned with the reason the marriage failed. While marital misconduct is not a part of the reason for divorce, it may be brought up during the consideration of alimony, also called spousal support.

How Can A Parent Seek Changes in Child Custody in North Carolina?

The court provides a decision regarding child custody and parenting time arrangements, generally as part of divorce proceedings. This child custody order remains in place until the children reach adulthood. However, there may be times when one or both parents wish to make changes in custody. A change to child custody, called a modification, must be done through the court. It is helpful to understand more about when and how to request a change in child custody in North Carolina.

Custody Modification Laws

How Does a Mediated Divorce Settlement Work?

Divorce can be stressful and challenging. When you decide to divorce, even the most amicable of relationships can turn acrimonious. Suddenly, you and your spouse are arguing about possessions. Sometimes, it may seem impossible to resolve your differences and come to an understanding about your divorce settlement. In North Carolina, marital assets are to be distributed in an equal and equitable manner. If you run into difficulties, you may need to seek divorce mediation.

What is Divorce Mediation?

Divorce With Kids in North Carolina: What You Need to Know

The decision to end your marriage is never an easy one and is especially difficult when you have children. It is estimated that about half of all divorces involve children under the age of 18. When you have children, you likely face a few issues that those without children do not have to handle. While divorce with kids can be a bit more complicated, it does not mean that you have to have a stressful or difficult uncoupling. There are some things to understand about divorce with kids that will help you navigate the process.

Child Custody

Children are born to two parents. Regardless of whether parents stay together or split up, they must provide for their kids. In North Carolina, both parents are supposed to ensure that they pay for the basic needs of their children. Often, the children live primarily with one parent while the other parent has regular visitation. The non-custodial parent generally pays child support. Many people wonder what happens if a parent fails to pay child support.

Court-Ordered Child Support