North Carolina Divorce Laws

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North Carolina laws related to marriage termination talk about the necessities that are required to be met while dealing with it in any state. Also, it mentions the state-specific requirements such as residency conditions. The residency requirements in North Carolina are of six months, that is, at least one of the parties must be residing in the state for six months. If the residency requirements are not fulfilled, the case of divorce will not proceed further in the court.

North Carolina Divorce Laws regarding Alimony

Alimony is the amount paid by one partner to the other spouse as assistance to get financially settled after divorce. It may happen that some people sacrifice their careers in order to maintain a home. Therefore, such spouses have the right to request alimony so as to get settled in their future life. The Court considers several relevant factors as listed below to finalize the amount, period and mode of payment of alimony:

• Consequences on tax of either partner owing to alimony.
• The relative requirements of the partners.
• The input of each partner as a homemaker.
• The contribution of either partner in the form of property brought to the marriage.
• The relative liabilities and assets, the relative debt service requirements inclusive of legal obligations of support of both the partners.
• The relative education of both the partners.
• The duration essential for the partner requesting alimony to attain enough training or education to seek employment to fulfill their reasonable financial requirements.
• The standard of living reached during marital status.
• If a partner is playing the role of a custodian of a minor child, the degree to which the financial obligations, expenditure and earning power of this partner is affected by this role.
• The input of one partner to the training, education and earning power of the other partner.
• The period of marital life.
• The sources and amount of unearned and earned income of both partners inclusive of and not limited to dividends, earnings and benefits like social security, insurance, retirement, medical etc.
• The emotional, mental and physical states of the partners and their ages.
• The relative earning capacity and earning of both partners.
• Any marital misconduct by either partner.
• Other issues pertaining to the financial conditions of the partners that the Court thinks are proper and just.

North Carolina Divorce Laws regarding Property Distribution

The Court takes into account the below mentioned issues while making a decision regarding equitable property distribution:

• The expectation of deferred compensation rights, retirement benefits or pension which is not marital property.
• Whether the parent playing the role of custodian of the child feels the requirement to own or occupy the marital house and own or use the household things.
• The mental and physical health of both partners and their relative ages.
• The period of marital life.
• Presence of any responsibility of support due to any earlier marriage.
• The liabilities, property and income of both partners.
• During the course of the marriage, has there been any direct input by any partner that resulted in the increase in valuation of separate property.
• An indirect or direct assistance by one partner to educate or enhance the career potential of the other partner.
• If the divisible and marital property were to be liquidated or sold on the date of valuation, then the effects of tax on either partner.
• During the period after the parties got separated and before the moment of distribution of property, whether any partner attempted to convert, devalue, neglect, waste, expand, develop, preserve or maintain the divisible or marital property.
• Other factors that are found by the Court to be proper and just.

North Carolina Divorce Laws regarding Child Custody

Child custody is a vital issue in when a marriage terminates. Generally, child custody is awarded to both parents as joint custody. But, under the conditions of violent history of any parent, the custody can be awarded to a single parent. Following are some factors that are important while deciding the child custody:

• The financial resources of both parents.
• The mental and social situation of the parents.
• The frequency of contact and mutual relations of a child with each of the parents.
• The preference of the child if the child is above 14 years of age.
• The past relations of the child with the parents before the separation occurred.
• The educational and other wants of the child.
• Age and health of the child.

Thus, these are some important aspects of the North Carolina divorce laws. It is to be noted that a deeper look at these laws will be necessary in case of a contested and a difficult divorce case.

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