Preparing for Divorce in North Carolina: Key Steps to Take

Deciding to end a marriage is a significant choice that involves emotional and legal considerations. While the process may seem overwhelming, taking the right steps early can help protect your financial interests, secure your rights, and set the foundation for a smoother transition. If you’re considering divorce in North Carolina, understanding the legal requirements and preparing in advance can make a substantial difference.

This guide outlines the key steps to take before filing for divorce, from organizing financial records to addressing child custody concerns.

Meeting North Carolina’s Legal Requirements

Before filing, it’s important to understand the specific laws governing divorce in North Carolina:

• Residency Requirement: At least one spouse must have lived in the state for a minimum of six months.

• Separation Requirement: North Carolina law requires spouses to live apart for one year and one day before filing. This means separate residences, not just separate sleeping arrangements within the same home.

• No-Fault Divorce: A spouse does not need to prove wrongdoing. The only requirement is that the marriage has been irreparably broken.

By ensuring these requirements are met, you can avoid unnecessary delays in the process.

Gathering Financial and Legal Documents

Divorce involves decisions about dividing assets, debts, and financial responsibilities. Collecting important documents ahead of time can help you understand your financial position and prevent potential disputes.

Key Documents to Gather:

• Bank statements (personal and joint accounts)

• Mortgage and property deeds

• Retirement and investment account records

• Tax returns for the last three years

• Credit card statements

• Loan agreements and outstanding debts

• Insurance policies (health, auto, home, life, etc.)

• Pay stubs and employment records

Having these documents organized before filing can provide clarity and support your claims during property division discussions.

Planning for Financial Changes

Moving from a shared household to separate financial responsibilities can be a major adjustment. Creating a post-divorce budget can help you anticipate expenses and ensure financial stability.

Consider these steps when planning:

• Assess income and expenses to determine what will change after divorce.

• Open separate bank accounts to establish financial independence.

• Check your credit report and monitor any joint financial obligations.

• Consider meeting with a financial planner to create a plan for long-term stability.

Understanding Property Division in North Carolina

North Carolina follows equitable distribution, meaning property is divided fairly but not necessarily equally. Courts consider factors such as:

• Each spouse’s income and financial standing

• Contributions to the marriage, including homemaking and childcare

• Debts and liabilities assigned to each spouse

• Any marital misconduct that affected finances

If both spouses agree on asset division, they can submit a separation agreement to the court, which may help avoid lengthy legal disputes.

Child Custody and Support Considerations

If children are involved, preparing for custody discussions is a crucial part of the divorce process. Courts determine custody based on what is best for the child, considering factors such as:

• The child’s relationship with each parent

• The ability of each parent to provide a stable home

• Work schedules and childcare responsibilities

Parents who can agree on a custody arrangement may be able to submit a parenting plan to the court, which can simplify the process. If an agreement cannot be reached, the court will make a determination based on the child’s best interests.

Child support in North Carolina is typically calculated using a set formula that factors in both parents’ incomes, childcare expenses, and other financial obligations.

Considering Spousal Support (Alimony)

Alimony is not automatically granted in every case but may be awarded when one spouse needs financial support following the divorce. Courts consider:

• The length of the marriage

• The financial needs of each spouse

• The earning capacity of both parties

• Contributions to the household, including unpaid labor

Understanding whether alimony may apply in your case can help you prepare for negotiations.

Avoiding Common Mistakes

To prevent unnecessary complications, consider these important precautions:

• Do not attempt to hide assets – Courts can uncover financial discrepancies, which may negatively impact your case.

• Limit social media activity – Posts, photos, or comments may be used as evidence in custody or financial disputes.

• Avoid making major financial changes – Transferring large sums, quitting a job, or making significant purchases can raise legal concerns.

By staying aware of potential pitfalls, you can move through the process with greater confidence.

Consulting with an Experienced Divorce Attorney

Divorce involves important legal and financial decisions that can impact your future. Speaking with an attorney early in the process can help you understand your rights, negotiate fair terms, and avoid common legal missteps.

At Doby & Griffis Law Firm, we have over 26 years of experience helping clients in Alamance County navigate divorce with clarity and confidence. Whether you need guidance on asset division, child custody, or legal representation in court, our team is here to support you every step of the way.

Contact Doby & Griffis Law Firm today to schedule a consultation and take the next step toward a secure future.