Frequently Asked Questions for a North Carolina Simple No Contest Divorce.

What is a Simple No Contest Divorce - If you have lived apart from your spouse for one year or more, can provide the address of your spouse and all matters of child support, custody, property and debt division and spousal support have been resolved or do not to be resolved in the divorce, then you probably have a simple no contest divorce. Matters of custody, support, property and alimony, if they must be resolved in court, they probably should be handled in the county in which you or the children live. The divorce may be entered in any county.

Separation – you must live apart for at least one full year. Living in separate bedrooms or absence of sexual relations is not legal separation. The documents cannot be signed and the divorce cannot be filed before one year and one day of separation. Isolated incidents of sexual relations while separated do not affect the date of separation. Resumption of marital relations changes the separation date. Resumption of marital relations usually would involve moving back into the same home and residing together.

What about property that we own together? – if you have accumulated property and debts during the marriage, you must have a conversation about how the property will be divided. Once you and your spouse are in agreement in how you will divide your property then is can be documented in a Separation Agreement. If you are unable to agree then you will need to negotiate through your attorneys or perhaps take it to court. When you resolve these matters in court, expense can become a very real consideration.

Do I need papers that show that we have been separated? - You do not need to file any documents that show you have been separated. You will assert under oath that you have been separated for the specified period of time when you sign the divorce documents.

We were married in a foreign country, and later moved to NC. Can we get a divorce in North Carolina? Yes, you can get a divorce in NC.