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North Carolina Divorce Laws

North Carolina has following divorce laws:

Residency

For the purpose of filing a case for divorce in North Carolina, under North Carolina divorce laws, the residency requirements must be met. If the divorce court discovers it does not have jurisdictional rights to hear the case, the case will not be accepted or it will eventually be dismissed.

Documents Required for Filing Divorce

The essential documents needed to file a case for a divorce according to South Carolina laws are:
  • Complaint for Divorce
  • Decree of Divorce

Property Distribution

North Carolina is an "equitable distribution" state; therefore the marital property is divided in an equitable (fair) fashion. The North Carolina divorce court encourages the parties to reach a settlement on property and debt issues.

Change of Name or Restoration of Name

Any woman whose marriage is dissolved can take up her pre-marriage name under North Carolina divorce laws.

Mediation Counseling

Under North Carolina divorce laws, usually most of the contested divorces, involving issues like custody or visitation issues related to minor children, are set for mediation. Meditation is suggested for the unresolved issues as to custody and visitation before or concurrent with the setting of the matter for hearing unless the court waives mediation.

Alimony

In North Carolina not all cases are dealt in the same way and not always the support is assigned from one party to the other. The obligation of one party to support the other financially for a temporary or permanent basis is decided on a case-by-case basis.

Child Custody

In North Carolina, as with all other states, the court will always be looking out for the best interests of the children. The North Carolina divorce court will not decide the case upon what the parties say. But, the court considers all relevant factors and makes findings accordingly.

Child Support

North Carolina divorce law’s child support guidelines are based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income.

Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.

 
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