Whenever you take a journey, it helps to have a map that shows you the route ahead. If you and your spouse are about to set off on the North Carolina no-fault divorce process, here are the twists and turns you can expect along the way.
Step 1: Separate from Your Spouse
In North Carolina, a complaint for “absolute divorce” can only be filed after you and your spouse have lived separately for a year and a day. This isn’t a legal separation – that requires a court order – but the move-out date will start the clock for the state-mandated cooling off period before you can start the no-fault divorce process. Remember that reconciling or moving back in together resets that clock, so once you separate, stay that way unless you are sure you and your spouse can make things work.
Step 2: Negotiate or File for Temporary Custody and Support
If you have children together, or if one of you is a dependent spouse, you will likely need to set some rules for how things will be done during your separation regarding child custody, visitation rights, and child or spousal support. If you and your spouse are unable to reach a temporary agreement, you can file for a “divorce from bed and board” – a legal separation – and ask the North-Carolina family court judge to make those decisions for you.
Step 3: Mediate a Property Settlement Agreement
You can make your time while you wait to start the North Carolina no-fault divorce process by starting to divide your marital property before you file for an absolute divorce. Many couples attend pre-divorce mediation to negotiate a property settlement agreement covering how property will be divided, who will pay which debts, and any ongoing support after the divorce is entered. Your separation agreement can also further adjust and solidify your child custody and visitation schedules, getting everything ready before the divorce is even filed.
Step 4: File a Complaint to Start the North Carolina No-Fault Divorce Process
Once the 12-month waiting period has expired, you can file your Complaint for Absolute Divorce at the Clerk of Court’s office in the county where you live. This starts the legal divorce process. If you have resolved all your issues ahead of time, your divorce attorney may indicate that in your initial complaint to help speed up the process.
Step 5: Discovery and Information Exchange
You may not have all the information you need to resolve your marriage before the divorce begins. Often, one spouse controls the money and pays the bills. The other spouse may not know how much is in the savings accounts, or what the family home is worth. Discovery allows each party’s attorney to ask questions and get documents to develop a clear picture of the family’s finances and circumstances. You will be actively involved in answering those questions, so work closely with your attorney to make sure they have everything they need.
Step 6: Court-Ordered Mediation
In some cases, the judge will order both sides to meet with a neutral mediator to try to resolve the case. This is the same process described above. However, once discovery is complete you may have a better idea of what your property is worth, and be better able to resolve your disputes.
Step 7: Divorce Trial and Absolute Judgment of Divorce
If you can’t resolve your issues at mediation (or through informal negotiations), it is time to go to trial. Each party must present testimony, evidence, and arguments about how they think the marital estate should be divided and child custody and support should be awarded. It is very likely you will need to testify at trial, so work with your attorney to be prepared to answer questions asked by your spouse’s lawyer. Once both sides present their case, the Judge will make a final ruling on each issue and enter an Absolute Judgment of Divorce.
Get Help Navigating the North Carolina No-Fault Divorce Process
There are many steps to becoming single after a divorce. If you want to make effective use of your time, you need a lawyer who can guide you through the North Carolina no-fault divorce process. At the Cox Law Firm, our experienced and compassionate divorce attorneys want to make things easier for you and your family. If you are ready to get started, please get in touch with the Cox Law Firm by calling 704-243-9693 or visiting our Contact Page.
