The party requesting support must actually be dependant on the other spouse for support or substantially in need of such support.
When those two requirements have been met, either party may file for an absolute divorce. So long as one party has resided in North Carolina for at least six months and so long as the parties have been separated for at least one year, the divorce will be granted.Is there any way to get divorced without being separated for a year? There are only two grounds for divorce in North Carolina.Divorce cuts off the rights to alimony and equitable distribution.If you decide to represent yourself, ask the Clerk of Court in your county if there is a local procedure for pro se litigants to follow.Never sign a contract without understanding the meaning and the legal impact of each provision.
What if my spouse refuses to sign the separation agreement?
Some counties in North Carolina have self help centers or pro se divorce kits available for a nominal fee. The North Carolina Advocates for Justice maintains a list of family law attorneys.
Visit their website at com --- This brochure is presented as a courtesy of NCAJ’s Family Law Section.
Post-separation support is temporary and lasts only until an alimony hearing or until the support is otherwise terminated.
There are two aspects to an alimony hearing: (1) The court decides the issue of whether one spouse is the “supporting spouse” and one is the “dependant spouse.” There is no preference given by law to either men or women, and both husbands and wives may request alimony; and (2) If the spouse requesting alimony is found to be the dependant spouse and the other spouse found to be the supporting spouse, then the court determines how much alimony should be paid.
Is there any way to avoid a court ordered division of property? If the husband and wife can agree, they can divide the property as they see fit.