Statutory Reference to North Carolina General Statutes:

Residence: § 50-8

Divorce: § 50-5.1

Property Division: § 50-20

Alimony: §§ 50-16.2, 50-16.3A, 50-16.7

Custody: § 50-13.2

Visitation: § 50-13.2A

Child Support: Rules of North Carolina, Child Support Guidelines

 

Residence:

Either spouse must have been a resident of North Carolina for at least six months prior to filing for divorce.

 

Grounds:

No-fault: Living separate and apart without cohabitation for one year.

Fault: (1) Confinement for incurable insanity for three years; (2) incurable mental illness based on examination for three years. 

 

Distribution of Property:

Equitable distribution of property, based on dual classification of property.  Separate property comprises any property acquired before the marriage, gifts and inheritances, property acquired in exchange for separate property, increase in value of separate property, expectation of a nonvested pension, retirement, or other deferred compensation rights.  Marital property is property acquired during the marriage and not separate.  The court shall divided the marital property equally, unless an equal division is not fair and equitable.  Division is based on sixteen enumerated factors.

 

Alimony/Spousal Support:

Either spouse may be awarded alimony or maintenance.  The amount, duration, and manner of payment is in the court's discretion, based on sixteen enumerated factors.  Alimony is barred by "illicit sexual behavior." 

 

Child Custody/Visitation:

Joint or sole child 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.  The court shall consider all relevant factors, including acts of domestic violence and the safety of the child.

 

Child Support:

Child support guidelines are based on the Income Shares Model, and calculated on gross income.