A men's guide to divorce in North Carolina includes issues of alimony, child custody and child support. North Carolina allows divorce for several causes including incurable insanity, adultery, abandonment, alcoholism, or abuse. Both parents are responsible for child support.
Grounds for Divorce
The following are grounds for absolute divorce in North Carolina:
- Incurable insanity (§ 50 5.1)
- Separation of one year (§ 50 6)
- Divorce from bed and board (§ 50 7) which includes:
- abandonment;
- maliciously turning the other out of doors;
- cruel, barbarous treatment that threatens the life of the other;
- offering indignities to make life intolerable for the other;
- alcoholism or drug use; and
- adultery.
50 16.3A. Alimony
(a) Entitlement. – In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for alimony. The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors. If the court finds that the dependent spouse participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, the court shall not award alimony. If the court finds that the supporting spouse participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then the court shall order that alimony be paid to a dependent spouse. If the court finds that the dependent and the supporting spouse each participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then alimony shall be denied or awarded in the discretion of the court after consideration of all of the circumstances. Any act of illicit sexual behavior by either party that has been condoned by the other party shall not be considered by the court.
§ 50 13.2. Who's entitled to custody; terms of custody
(a) An order for custody of a minor child shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child. In making the determination, the court shall 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 shall make findings accordingly. Between the mother and father, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child. Joint custody to the parents shall be considered upon the request of either parent.
(b) An order for custody of a minor child may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions. Any order for custody shall include such terms, including visitation, as will best promote the interest and welfare of the child.
§ 50 13.4. Action for support of minor child.
(b) In the absence of pleading and proof that the circumstances otherwise warrant, the father and mother shall be primarily liable for the support of a minor child.
Talk with an Attorney
If you are facing divorce in North Carolina, issues of alimony and child support will be determined by the court, absent any prior marital agreement. Talk with an attorney to discuss the details of your case.
