North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Quickly find the answers you’re looking for as it pertains to Absolute Divorce in North Carolina.
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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In non-summary judgment divorces, the court will typically call the case for trial and the plaintiff (and counsel for the plaintiff, if the party is represented) will come forward. Usually the defendant and his or her attorney are not present. The plaintiff will be sworn and placed upon the witness stand. Counsel for the plaintiff […]
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You should also be aware of a federal statute, known by the acronym “COBRA,” that extends additional medical insurance protection to the dependents of an employed-insured spouse who is separated. Under COBRA certain beneficiaries of health insurance policies who would otherwise lose group coverage upon divorce or separation have the right to continued health care coverage […]
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Divorce from bed and board is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the residence. If brought in conjunction with other claims (custody, child support, distribution of property), a judicially ordered separation pursuant to the prayer for divorce from bed and board establishes […]
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Only the injured party may apply for a divorce from bed and board.
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