1) What steps are involved in obtaining a divorce?
Divorce, as distinguished from child custody, child support, alimony and property distribution, is not a complex process in North Carolina. Either you or your spouse must live in the state for at least six months prior to filing the action for divorce. You or your lawyer file a divorce complaint with the clerk of court in the county of your residence. The complaint must then be delivered to your spouse, either by the sheriff or by certified mail. After waiting a specified period of time either you or your attorney can appear in court and obtain a divorce. Once the order is signed by the judge, your divorce is final, and you may remarry if you so desire.
However, the absolute divorce is only one part of the process. It is merely the judicial proclamation that ends your marriage. The complexity of a domestic case arises in deciding other issues such as child custody, child support, division of property, and alimony. These issues are resolved either through negotiation or through a court process.
2. What are the grounds for absolute divorce in North Carolina?
There are only two grounds for divorce in North Carolina. The first is a one-year separation. You must assert, under oath, that you and your spouse have been living separate and apart for one year. It is not enough to assert that you have lived in separate bedrooms, or that you have not engaged in acts of sexual intercourse. You must live in separate residences during that year. You do not need to file any papers to document the beginning of your separation; your assertion is sufficient to prove that the year has elapsed. The second ground for divorce in North Carolina is incurable insanity. However, this is rarely used.
3. Can I change my name at the time of divorce?
In your complaint for divorce, you may petition the court to change your name to either your maiden name, the surname of a prior deceased husband or the surname of a prior living husband if you have children who have that husband's surname. The court will issue an order at the time of the divorce granting your request for a name change.
4) Can I get an annulment?
Generally the answer to this question is no. Annulments are available only in limited circumstances in North Carolina. These circumstances include all marriages between any two persons nearer of kin than first cousins, between double first cousins, between persons either of whom is under sixteen years of age, between persons either of whom has a spouse living at the time of the marriage, between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of understanding the marriage vows. Additionally, a marriage contracted under the belief that the wife is pregnant, followed by the separation of the parties within 45 days of the marriage, which separation was continuous for a period of one year, shall be annulled unless a child was born to the parties within ten months of the date of separation.
