Getting a divorce in North Carolina is actually simpler than you might think. Either spouse must be a resident of North Carolina for at least six months before filing. Divorce may be filed in the county of residence of either spouse. Once the residency requirement is completed, a legal grounds for divorce must be established. Both general and no-fault divorce are acceptable grounds for divorce. No-fault reasons include living separate and apart without cohabitation for one year. The reasons for general divorce are confinement for incurable insanity for three years or incurable mental illness based on examination for three years. North Carolina does not require a parenting plan for child custody. Joint or sole custody is determined according to the interests and welfare of the child. There is no presumption that either parent is better suited to have custody. No other factors for consideration are specified in the statute. Both parents are responsible for the support of a child and either parent may be ordered to pay support. The factors considered are the needs of the child, the relative ability of the parents to support the childcare, and homemaker contributions of each parent, the assets of the child, and any other relevant factors. The official child support guidelines are presumed correct unless there is a showing that the amount of support would be unjust or inappropriate. Child support worksheets are also provided. Child support may be paid to the court clerk. Income withholding may be used if child support payments are overdue. Child support obligations may need to be secured by a bond or mortgage. Furthermore, the court may require a parent to provide health insurance coverage for the child. North Carolina is an equitable distribution state. Separate property includes any property acquired before the marriage, any gifts and inheritances acquired during...
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