North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Before filing a divorce complaint, you must be aware of several potentially very serious issues. First: the failure to assert an alimony claim prior to entry of a divorce judgment, and failure to have such an action pending at the time the divorce is granted, will bar the right to assert a claim for alimony. Second: the […]
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The absolute divorce may be granted prior to the court hearing other claims, such as an equitable distribution claim, filed in the same action. And you get the divorce whether or not you and your spouse have resolved any of the other issues arising from your separation, such as custody, spousal and child support, or […]
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Either the plaintiff or the defendant must have resided in North Carolina for at least six months immediately preceding the institution of the divorce action. The six-month residency requirement is jurisdictional. In the event the requirement is not met, the court would not have jurisdiction to try the action and any decree rendered would be void.
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Residence is interpreted in North Carolina to mean a domicile: you must be both in residence (physical presence in the state) and you must have the intent to make a home here or to live here permanently or indefinitely. This state will be your residence if, when absent, you intended to return here and, despite […]
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As long as you have been a North Carolina resident for at least six months on the day you file your divorce complaint, it does not matter if you remain in this state until the divorce hearing. You might want to keep this fact in mind if you are planning to move soon to another […]
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Aliens, out of state students and military personnel are all capable of establishing adequate residency in North Carolina to meet the jurisdictional requirement for absolute divorce. One need not be a citizen of the United States in order to establish residency or domicile within North Carolina for the purpose of divorce actions. Further, an adult […]
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See our do-it-yourself section for examples of the forms you will have if an attorney files your divorce for you or if you do it yourself. We recommend speaking with an attorney to be sure you understand your rights before completing this process on your own.
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The complaint for absolute divorce is filed in district court. The action shall be filed in the county in which either plaintiff or defendant resides. If the plaintiff is a nonresident then the action shall be brought in the county of defendant’s residence. If the parties are both residents of North Carolina and the action […]
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Service is the form of delivery of a document required by pertinent legal rules. There are various ways you can serve the summons and complaint. The defendant typically has 30 days from the date of service of summons and complaint upon him or her to file answer or other responsive pleading. A defendant can also […]
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Since 1991 the divorce statute has explicitly acknowledged that the court may enter judgment either upon nontestimonial, verified evidence pursuant to Rule 56 (summary judgment) or upon a plaintiff’s appearance and giving in-person testimony at court proving the allegations of the complaint. Even though the defendant may have filed an answer admitting all of the […]
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