What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- North Carolina Divorce Records
- What Are the Residency Requirements for Divorce in North Carolina?
- What Are the Grounds for Divorce in North Carolina?
- How Much Does It Cost to File for Divorce in North Carolina?
- How Long Is the Waiting Period for Divorce in North Carolina?
- How To File for Divorce in North Carolina?
- Are Divorce Records Public in North Carolina?
- How To Get Certified Copies of a Divorce Decree in North Carolina?
- Divorce Settlement: Is North Carolina a 50/50 State?
- FAQs about the Divorce Process in North Carolina
North Carolina Divorce Records
In 2022, North Carolina reported a divorce rate of 2.7 per 1,000 population. This is a steep decline from the 5.1 divorces per 1,000 residents recorded in 1990. Over the intervening decades, divorce rates in the state have seen a steady decline.
There are three main types of divorce records in North Carolina:
- Divorce Certificates: These records contain basic information, including the names of both parties and the date and location of the divorce.
- Divorce Decrees: These records contain detailed information about the court's final judgment, including terms of property division, alimony, child custody, and support arrangements.
- Divorce Case Files: Divorce case files include comprehensive records encompassing all documents filed during the divorce proceedings, such as petitions, motions, evidence, and testimonies.
What Are the Residency Requirements for Divorce in North Carolina?
According to Section 50-8 of the North Carolina General Statutes, one spouse must have been residing in the State of North Carolina for a minimum of six months immediately preceding the filing date.
What Are the Grounds for Divorce in North Carolina?
To petition for divorce successfully in North Carolina, the premise must be based on any of the only two permitted grounds:
- Separation for one year
- Incurable insanity of one of the spouses living separate and apart for at least three consecutive years, including the period when the petition is filed
Note that to file for divorce based on the grounds of separation for one year, both spouses must have lived separate and apart for one year and at least one of the spouses must have had the intention of remaining separate and apart. Provisions for divorce grounds are outlined in Sections 50-6 and 50-5.1 of the North Carolina General Statutes.
How Much Does It Cost to File for Divorce in North Carolina?
Divorces in North Carolina are subject to a $225 or $235 (if the plaintiff intends to resume a maiden name) filing fee. However, the total cost of finalizing a divorce will be much higher. Factors that may influence the total cost of a North Carolina divorce include:
- Type of divorce (contested or uncontested)
- Attorney fees
- Complexity of assets and property division
- Child custody and support arrangements
- Court costs
On average, it costs about $13,000 to finalize a divorce without children. If children are involved, the average cost is approximately $19,700. When legal fees, court costs, and other related expenses are included, the average cost of divorce nationally ranges between $15,000 and $30,000.
Also, compared to neighboring South Carolina with an approximate average cost of $10,000, getting divorced in North Carolina is costlier.
How Long Is the Waiting Period for Divorce in North Carolina?
North Carolina does not have a specific waiting or cooling-off period for couples seeking a divorce. However, it requires a separation period before submitting a divorce petition. Note that a waiting period is not the same as a separation period. A waiting or cooling-off period is a timeframe required for couples to wait after filing for divorce before the court may finalize it. A separation period refers to a period over which couples must live separately and apart before filing for a divorce. In North Carolina, the separation period is one year.
How To File for Divorce in North Carolina?
Upon meeting the residency obligation, you may file for divorce in North Carolina in the following way:
- Prepare the required documentation: Download the required forms from the North Carolina Judicial Branch website. Required forms include the summons, domestic civil action cover sheet, affidavit, and the complaint for absolute divorce. North Carolina courts do not provide a standard form for the divorce complaint.
- File the papers in the clerk of court's office: Submit the forms to the office of the clerk in the county where either spouse resides. Also, pay the $225 or $235 filing fee. Fee waivers may be available for those with financial hardship
- Serve the papers on your spouse: After filing, the other spouse (respondent) must be formally served with the divorce complaint. This may be done through certified mail: Return receipt requested, sheriff's office (costs $30), or a private process server
- Wait for your spouse's response: The respondent has 30 days to respond to the complaint. Options include:
- Uncontested Divorce: If the spouse agrees or does not respond, the case proceeds without disputes.
- Contested Divorce: If the spouse disputes the terms such as alimony and custody, the case moves to court for resolution.
- File financial affidavits (If applicable): For contested divorces, both parties must complete and exchange financial disclosures, including details about income, assets, debts, and expenses.
- Negotiate and settle (If contested): Most contested divorces require mediation or settlement negotiations to resolve disputes over property, alimony, or custody.
- Attend the Court Hearing:
- Uncontested Divorce: A brief hearing is scheduled before a judge to review the complaint and grant the divorce.
- Contested Divorce: If disputes remain unresolved, a trial will be held. The judge decides on issues like property division, alimony, and custody.
- Receive the Final Divorce Decree: Once the judge approves the terms, a final judgment of absolute divorce will be issued, officially ending the marriage.
Are Divorce Records Public in North Carolina?
Divorce records are typically considered public records in North Carolina under the state's public record law. Hence, these records may be accessed by third parties. Note that specific details in North Carolina divorce records may be redacted for privacy reasons.
Divorce records are generally maintained by the clerk of the superior courts where the records were created. Anyone who wants access to these records may submit a request to the official custodian of the records. However, divorce certificates may also be obtained from the Office of Vital Records in the North Carolina Division of Public Health.
Note that in some jurisdictions, divorce decrees are not accessible to the public and may only be obtained by the divorced parties, legal representatives, and authorized individuals.
How To Get Certified Copies of a Divorce Decree in North Carolina?
You may obtain a divorce decree from the office of the clerk of the superior court in the county where the case was finalized. Some county clerk's offices may accept mail requests. Note that you may need to pay a fee and provide an acceptable ID to access the record. Also, if you are not the individual named on the record or their authorized representative, you may be unable to access certain information on the record.
Unlike divorce decrees, divorce certificates are not typically sealed and may be obtained from the Division of Public Health's Office of Vital Records and the clerk of the court in the jurisdiction where the divorce was filed.
Divorce Settlement: Is North Carolina a 50/50 State?
North Carolina presumes that a 50/50 division of marital assets is fair or equitable. However, the state provides for other factors that may allow for an unequal distribution of marital property in instances where an equal division of property would be unfair.
Hence, if a spouse requests an unequal division of marital property and the judge finds doing so would be fair, the court may give more of the marital debt or property to either couple. However, in making that decision, the court will consider specific factors, such as:
- The incomes, property, and debts of both parties
- The length of the marriage
- The ages and health of the parties involved
- The contributions of each spouse to the other's earning power
- Tax implications
FAQs about the Divorce Process in North Carolina
Here are answers to frequently asked questions about the divorce process in North Carolina.
How Do I Modify a Divorce Decree in North Carolina?
To initiate a modification of divorce decree in North Carolina, follow these steps:
- File a motion to modify with the court where the original divorce decree was issued. You will be required to state the reasons for the requested modification
- Serve the other party with the notice of the motion. This step is necessary in other to inform the other party of your action and allow them to argue their case
- Attend the scheduled court hearing and present evidence to support your case. After, the judge will review the evidence and decide in line with the best interests of the concerned parties.
How Do I Enforce a Divorce Decree in North Carolina?
You may enforce a divorce decree in North Carolina via a legal action. That means you file a motion for contempt with the same court that issued the original divorce decree upon documenting and preparing evidence of non-compliance such as missed payments, communication logs, and proof of failure to adhere to court-ordered rules.
Upon filing the motion, serve it to the non-compliant party as notification of the legal action taken against them. After, attend the scheduled court hearing to present evidence and argue your case. If the non-compliant party is found guilty, North Carolina courts may order wage garnishments, fines, property lien or asset seizure, or jail time for willful non-compliance.
Conditions that may lead to the enforcement of a divorce decree include violation of custody and visitation orders, failure to comply with property division, and non-payment of financial obligations.
What Are the Restrictions to a Divorce Decree in North Carolina?
According to Sections 50-3.7 and 50-16.9 of the North Carolina General Statutes, child custody and visitation, child support, and spousal support and alimony arrangements may be modified as long as there is material or substantial change in circumstances of the child or parents. A material change may be significant changes in the needs of the child, concerns about a parent's fitness, the relocation of a parent, salary increase for either parent and job loss.
However, under the provisions of Section 50-20 of the North Carolina General Statutes, property and debt division, finalized during the divorce, may not be modified, except in cases involving fraud, misrepresentation, or hidden assets.
Can I Efile My Divorce in North Carolina?
North Carolina's eFiling tool offers secure online access for self-represented litigants and attorneys to submit court documents in eCourts counties and pay filing fees. However, using the tool is not mandatory. Mandatory eFiling is when court documents are required to be filed electronically through the eFiling system. However, with the optional eFiling typically adopted in North Carolina, you may choose between the traditional in-person filing of court documents at the courthouse or eFiling.
How Do You Serve Divorce Papers in North Carolina?
You may serve the divorce papers on your spouse by paying a fee to have the county sheriff personally serve the documents or send the papers to your spouse via UPS, FedEx, or certified mail. If you choose to mail the documents, you must provide the court with proof that your spouse successfully received them.
In situations where your spouse cannot be located, you may serve them via a newspaper publication. According to North Carolina General Statute 1-597, service by publication involves publishing a notice in a widely circulated newspaper in the area where the respondent is likely residing. To complete this process, you must file an affidavit with the court, verifying that the notice was published in compliance with the statute.
Does North Carolina Mandate Couples to Participate in Divorce Mediation or Counselling?
Mediation is not required in every divorce case in North Carolina. However, under Section 50-13.1 of the North Carolina General Statute, mediation is required for all contested cases involving custody or visitation unless waived by the court. Also, mediation may be required if divorcing spouses intend to take their property division case to court.
How Do I Seal My Divorce Records in North Carolina?
While rare, entire divorce records can be sealed. However, it will require a compelling reason, such as significant privacy concerns or safety risks for the parties involved. More commonly, North Carolina courts only seal specific sections considered confidential or sensitive. Such sections include the identities of minors, financial information, domestic abuse or violence allegations, medical records, and mental health information.
To seal your divorce records in North Carolina, you must file a motion to seal records with the court where the divorce was finalized. At the scheduled court hearing, you must provide supporting evidence to convince the court to seal your record. If the court issues a sealing order, the order will specify what parts of the record are sealed and inaccessible to the public.
How Does North Carolina Calculate Alimony?
Judges in North Carolina have broad discretion when determining the amount of alimony as the state has no fixed formula used in calculating spousal support. However, in executing their discretionary judgment, North Carolina judges will consider the following factors in deciding the alimony:
- Marital misconduct
- Standard of living during the marriage
- Financial resources and needs of both spouses
- The length of marriage
- Custody of children
- Financial and non-financial contributions of each spouse
- The age, health, and physical condition of both spouses
- The impact of alimony on both parties' tax liabilities
- The education and training required for the dependent spouse to obtain education or training to become self-dependent
Alimony arrangements may be modified when there is a substantial change in circumstances, such as health issues, job loss, significant income increase, and changes in the dependent spouse's financial needs. Alimony may be terminated by the death of either party or if the party receiving spousal support remarries or cohabits with someone they are romantically involved with.
How Do I Access Historic Divorce Records in North Carolina?
Older North Carolina divorce records may be obtained from the North Carolina Vital Records office, clerk of court, or the North Carolina State Archives. The Vital Records office has copies of divorce records dating back to 1958, while records before 1958 may be obtained from the clerk of court.
