Divorce Decree
| Simple Divorce | |
| Statute: | § 50-10(e) |
| Description | A divorce decree legally ends the marriage, altering a variety of legal rights. |
| Takeaway | The spouses have to live in separate buildings for one year before filing. |
A divorce decree legally ends a marriage. This allows the spouses to remarry. It also severs a variety of rights related to the marriage and divorce, such as inheritance rights. The spouses must be living in separate buildings for one year before either can file for divorce.
Criteria
The following criteria should be met before filing for divorce in North Carolina:
- Separation: For at least one year (a) the spouses have been living in separate buildings and (b) at least one spouse intended to permanently end the relationship.[1]
- Jurisdiction: At least one spouse has been living in North Carolina for at least six months.
- Equitable Distribution: Any equitable distribution claims you want to pursue have to be filed before the court signs a divorce decree.
Steps
Generally, getting a divorce involves three main steps:
- Divorce Filings: a stack of documents that start a lawsuit for divorce when filed with the court
- Service of Process: a strict process for proving you provided the divorce filings to the spouse
- Motion for Divorce: a stack of documents that ask the court to sign your divorce decree and update public records
Legal Effect
A divorce decree signed by the court:
- Allows the spouses to remarry
- Severs any new claims for equitable distribution of [Postseparation Support|postseparation support]]
- Discontinues other marital rights, such as those related to inheritance
See Also
- Blog post summary of the divorce decree process
- In-Depth PDF Guide to DIY Divorce Decree in Durham County
- In-Depth PDF Guide to DIY Divorce Decree in Wake County
Contact an Attorney
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322