Divorce, as distinguished from child custody, child support, alimony and property distribution, is not a complex process in North Carolina.
Either you or your spouse must live in the state for at least six months prior to filing the action for divorce. You or your lawyer file a divorce complaint with the clerk of court in the county of your residence. The complaint must then be delivered to your spouse, either by the sheriff or by certified mail. After waiting a specified period of time either you or your attorney can appear in court and obtain a divorce.
Once the order is signed by the judge, your divorce is final, and you may remarry if you so desire. However, the absolute divorce is only one part of the process. It is merely the judicial proclamation that ends your marriage.
The complexity of a domestic case arises in deciding other issues such as child custody, child support, division of property, and alimony. These issues are resolved either through negotiation or through a court process.
Lee is the founder of Rosen Law Firm and, while retired, still lives on through this website, a huge repository of information to help educate people about family law. It demystifies the divorce process, sharing the secrets and information that other lawyers normally try to keep hidden. Today, this website contains a vast assortment of webinars, legal forms, statutes, Q&As with lawyers, audio and video courses, articles, and lots more.
