North Carolina divorce laws
Child
Support
 North
Carolina divorce laws determine that child support be based on the income shares
model, meaning that both parents' incomes are added together and that sum
is applied to a chart to determine how much the overall obligation is.
Child support is calculated on gross income, rather than net. Your percentage
of the total income will also be the percentage of the required monthly
amount. Example: You make $6000 per month and your spouse earns $4,000
per month. According to the guidelines $1,000 needs to go toward the minor
child of the union. Your income is 60% of the total income, therefore your
obligation is 60% of child support, or $600 per month. The court will consider
the following factors:
- the needs of the child
- the earnings, estate, conditions, and accustomed standard of living of the
child and the parents
- the childcare and homemaker contributions of each parent; and
- any other relevant factors
There are family law guidelines that
the court will follow, unless there is evidence presented that using those
guidelines would be unjust or inappropriate. Child support payments can
be ordered paid through the clerk of the court, or income withholding can
be used in the case of delinquent support payments.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Residency 
Divorce after separation of one year on application
by either party. Marriages may be dissolved and the parties subsequently
divorced from the bonds of matrimony on the application of either party,
if and when the husband and wife have lived separate and apart for one
year, and the plaintiff or defendant in the suit for divorce has resided
in the State for a period of six months.
Child Custody
 Child
custody will be determined
according to the best
interests of the child.
There is no presumption
that one parent is better
suited to promote the
best interests of the
child over the other.
Factors the court will
consider in determining the child's best interests include: 1.) Acts of
domestic violence between the parties; 2.) The safety of the child; or, 3.) The
safety of either parent
from acts of domestic
violence of the other
parent
An order for custody of a minor child entered will award the custody to anyone that will best promote the interest and welfare of the child. In making the determination, the court will consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party and will make findings accordingly.
Each parent is entitled to equal access to
the records of the minor child involving the health, education, and welfare
of the child. [We recommend that custodial
parents create a folder where the child can put items brought home from
school so that the non-custodial can remain involved.- Ed.]
| Divorce Myth: Being very unhappy at certain points in a marriage is a good sign that the marriage will eventually end in divorce. Reality: All marriages have their ups and downs. Recent research using a large national sample found that eighty six percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated when interviewed five years later that they were happier. Indeed, three fifths of the formerly unhappily married couples rated their marriages as either “very happy” or “quite happy.” |
Grounds for Divorce
You have two choices. Separate from your spouse
for a year and use that separation as the basis for your divorce [no-fault],
or accuse your spouse of one (or more) of the following [fault]-(and be
prepared to prove your allegations).
-
Abandons his or her family.
-
Maliciously turns the other out of doors.
-
By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim remedies
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Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.
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Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.
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Commits adultery
Mediation
During the course of a divorce pleading, the court has the ability to require the parties participate in mediation if it appears there are contested issues on custody or visitation of any minor children.
The purposes of mediation under this section include the pursuit of the following goals:
- To reduce any acrimony that exists between the parties to a dispute involving custody or visitation of a minor child;
- The development of custody and visitation agreements that are in the child's best interest;
- To provide the parties with informed choices and, where possible, to give the parties the responsibility for making decisions about child custody and visitation;
- To provide a structured, confidential, non adversarial setting that will facilitate the cooperative resolution of custody and visitation disputes and minimize the stress and anxiety to which the parties, and especially the child, are subjected; and
- To reduce the re litigation of custody and visitation disputes.
Alimony
 This
hot potato is governed by North Carolina divorce laws. Either party may
be awarded alimony upon a finding that the party seeking alimony is dependent
upon the other party for support and such an award would be equitable.
Fault of the parties as it pertains to adultery during the marriage is
considered when awarding alimony. Other factors the court will consider
in determining the amount and duration of an award of alimony include:
1.) Marital misconduct; 2.) Relative earnings and earning capacities of
the parties; 3.) The ages, physical, mental and emotional health of the
parties; 4.) The amount and sources of income of both spouses; 5.) The
duration of the marriage; 6.) The contribution of one spouse to the education,
training or increased earning power of the other spouse; 7.) The extent
that serving as a child's custodian will affect a party's earning power,
etc.; 8.) The standard of living established during the marriage; 9.) The
relative education of the parties and the time necessary for a party to
acquire sufficient education or training to meet his or her reasonable
needs; 10.) The relative assets and liabilities of the parties; and, 11.) Any
other relevant factor
Waiting Period
 Waiting
period in this case applies to the choice to live separate and apart for
a year and use that separation as a basis to divorce. As in most states,
residency must be met.
Whether there has been a resumption of marital relations during the period of separation will be determined. Isolated incidents of sexual intercourse between the parties will not toll the statutory period required for divorce predicated on separation of one year.
| Divorce Myth: It
is usually men who initiate divorce proceedings. Reality: Two-thirds
of all divorces are initiated by women. One recent study found
that many of the reasons for this have to do with the nature
of our divorce laws. For example, in most states women have
a good chance of receiving custody of their children. Because
women more strongly want to keep their children with them,
in states where there is a presumption of shared custody with
the husband the percentage of women who initiate divorces is
much lower. |
Grandparents
Rights
 An order for custody of a minor child may provide visitation rights for any grandparent of the child as the court, in its discretion, deems appropriate. As used in this subsection, "grandparent" includes a biological grandparent of a child adopted by a stepparent or a relative of the child where a substantial relationship exists between the grandparent and the child. Under no circumstances shall a biological grandparent of a child adopted by adoptive parents, neither of whom is related to the child and where parental rights of both biological parents have been terminated, be entitled to visitation rights.
Divorce Settlement
 North
Carolina is referred to as an "equitable distribution" state.
You and your spouse will arrive at a property settlement, or the court
will. If the court determines the settlement, it is expected to
divide the marital property and divisible property equitably, fairly, but
not necessarily evenly. In doing so, the court may consider the following
factors:
- The income, property, and liabilities of each party at the time the division of property is to become effective.
- Any obligation for support arising out of a prior marriage.
- The duration of the marriage and the age and physical and mental health of both parties.
- The need of a parent with custody of a child or children of the marriage to occupy or own the marital residence and to use or own its household effects.
- The expectation of pension, retirement, or other deferred compensation rights that are not marital property.
- Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title
- Any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse.
- Any direct contribution to an increase in value of separate property which occurs during the course of the marriage.
- The liquid or non liquid character of all marital property and divisible property.
- The difficulty of evaluating any component asset or any interest in a business, corporation or profession.
- The tax consequences to each party.
- Any other factor which the court finds to be just and proper
Did you come into this
marriage owning a house? Concerned about the equity in that house
that you brought into the marriage? Here's how it works generally.
What you brought into the marriage is usually all yours. However,
any appreciation of the house or the property value is normally treated
as a "marital asset", meaning that you will likely forfeit
a third to a half of that appreciation to your spouse in the divorce.
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