What affects eligibility for a divorce in North Carolina?

Getting a divorce is not an easy decision to make. Numerous factors could contribute to a couple’s plan to end their marriage. Divorce might not seem ideal, but it could be the only option.

However, a couple might need to review specific conditions that affect their eligibility for this legal process. In North Carolina, they should meet these qualifications before filing for a divorce:

  • Separation or living in different residences for at least a year
  • An existing intention of making the separation permanent
  • One party must have lived in North Carolina for at least six months

If the couple ended their relationship but remained in the same home, they might not be eligible for divorce immediately.

Even if the couple resides in separate homes, they might need to prove that one or both intend to make the separation permanent. They would need to review their eligibility if they separated for other reasons, such as work.

Do I need a separation agreement?

Separation is a requirement for divorce, but a separation agreement is not. A couple usually drafts it before separating or when already separated. This document addresses various issues related to the couple’s new arrangement.

This contract could include matters regarding financial obligations, the marital home, children’s setup and other details of their circumstances.

The couple could include property division, child custody, alimony and other topics. It might not be essential before filing for a divorce, but it could help resolve disputes early on. Additionally, divorcing couples could ask the court to use this agreement for the final divorce order.

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