North Carolina Marital Settlement (Divorce) Agreement Form [PDF]

A marital settlement or divorce agreement in North Carolina is a legal document that spouses use during the divorce procedure. It details how they will address critical issues, such as the division of property, the amount of alimony and child support, and any other relevant matters related to divorce.

The purpose of this document is to simplify the divorce process for the spouses, as it provides precise divorce arrangements that the judge will consider when finalizing the divorce rather than relying solely on state law.

Divorce Forms

In North Carolina, spouses file for divorce at the District court in the county where one of them lives. The filing fee is $225, and the divorce process for uncontested divorces can be finalized in 45 to 60 days.

Divorce Laws and Legal Requirements in North Carolina

Divorce laws and legal requirements in North Carolina encompass all rules and procedures related to the divorce process that spouses will encounter if they choose to proceed with the dissolution of their marriage. Let's explore what they can expect on this journey:

Divorce Laws and Legal Requirements

Alimony

In North Carolina, spouses can request alimony during divorce proceedings under specific circumstances outlined in Section 50-16.3A of the general statutes. The court considers the following factors when deciding whether to award alimony:

Financial dependence and support
Misconduct during the marriage
Factors like each spouse's earnings, earning capacity, age, health, and the duration of the marriage

Child Support

A set of guidelines established by court are used to determine child support based on parents' incomes and ability to pay. These guidelines also consider the child's reasonable needs and each parent's capacity to meet them.

Courts can deviate from the standard guidelines due to unique circumstances, such as special medical needs or additional expenses, like insurance premiums. When this happens, the court evaluates these factors to ensure that the support arrangement is fair and meets the child's specific needs.

Division of Property

In North Carolina Statutes, Section 50-20 states that the court divides marital property using various relevant factors to ensure an equitable distribution. Some of these factors include:

Contributions to property acquisition
Increase in property value during the marriage
Duration of the marriage
Each party's financial situation at the time of division

The court also considers factors like the need for a custodial parent to remain in the marital home.

Grounds for Divorce

North Carolina recognizes the following grounds for divorce:

Absolute divorce (50-5.1). Spouses can seek divorce if they have lived separately for three consecutive years without cohabitation, and this separation continues due to the incurable insanity of one of them.
Separation (50-6). Divorce can be granted if spouses have lived apart for at least one year, with one residing in the state for six months before the petition for divorce.
Divorce from bed and board (50-7). This ground allows divorce based on reasons such as adultery, abandonment, and alcohol or drug abuse, among others.

Residency

According to Section 50-8, one spouse must have been a resident of North Carolina for at least six months before filing for divorce, regardless of where the marriage took place.

How to File For a Divorce in North Carolina in 8 Steps

To efficiently file for divorce in North Carolina, you should follow the next steps:

#1. Fill Out the Divorce Form

The first step in the divorce process is filling out a complaint. This document outlines the facts of your case and your request for a divorce. North Carolina does not provide a standardized form, so it is important to detail all relevant information.

To avoid common issues like delays in the divorce process, misunderstandings about legal rights, and complications in the division of marital property In North Carolina, you have to understand the difference between an absolute divorce and a regular divorce.

An absolute divorce is when the plaintiff files for divorce only to end the marriage without requesting property division or spousal support. In that case, you should provide only personal information about the spouses and note how long you have been living separately because North Carolina law requires the spouses to be separated for one year before filing for divorce.

On the other hand, if you are seeking property division or spousal support, you must include all relevant information about your property, assets, and debts. Be aware that this will prolong the process, as the court needs to review and decide on these matters.

#2. Fill Out Additional Court Forms

In addition to the divorce complaint, you should complete several other forms, such as:

Summons: This notifies your spouse about the divorce proceedings.
Domestic Civil Action Cover Sheet. This form provides essential information about your case to the court.
Affidavit Pursuant to the Servicemembers Civil Relief Act. This form indicates whether your spouse is an active-duty military member.
Affidavit of Service of Process. This form confirms that the defendant has been properly served with all other forms.
Parenting Plan. This form is optional and outlines your agreement about child-related matters, such as custody and visitation schedules.
Marital Settlement Agreement/Divorce Settlement Agreement. This form outlines the terms of your divorce, including property division, child custody, and support (child and spousal) arrangements. You can find a marital settlement agreement template on Contracts.net and tailor it to your needs.

#3. File the Forms With the Court

Once all forms are completed, you must file them with the clerk of court in the county where you or your spouse reside and pay the filing fee.

If you cannot afford to pay it, you can request a waiver of the filing fee. In that case, you should submit a Petition to Proceed as an Indigent form, which must outline your financial information. The court will review your application, and if it approves it, you will be allowed to proceed with the divorce case without paying the fee.

#4. Serve the Forms to the Spouse

After filing all forms, you must serve your spouse with a copy of the complaint and the summons. This is a crucial step because it will mark the first time that the spouse (defendant) becomes familiar with the complaint. Serving the divorce papers can be done via:

Sheriff Service. Pay a fee ($30) and the sheriff will deliver documents to your spouse personally.
Certified Mail/FedEx/UPS. You can use one of these services to mail the documents to your spouse. You should file proof of receipt with the court.
Newspaper Publication. If you cannot locate your spouse, you can serve them by publishing a notice in a newspaper.

#5. Wait for the Defendant's Answer

Once your spouse is served, they have 30 days to file an answer to your complaint. If your spouse agrees with the terms, then you have an uncontested divorce, meaning that every relevant issue is settled. If the spouse fails to respond within a 30-day period, the divorce will proceed by default, which means that the court will likely decide in your favor.

As opposed to this, a contested divorce occurs If your spouse disagrees with any terms or files additional claims. In that case, the court must resolve disputes over issues such as property division, child custody, or spousal support.

#6. Obtain a Hearing Date

After the waiting period, you need to schedule a hearing for your divorce, so you should contact the court clerk to set a date. After setting the hearing date, the plaintiff should complete the Notice of Hearing and Judgment for Absolute Divorce (in case of an absolute divorce) and file them with the court, while a copy of these documents must be sent to the defendant.

#7. Wait for the Final Court Decision

During the hearing, both spouses will testify under oath to confirm the facts and eligibility for divorce.

After the judge reviews all documents and hears both spouses, they will issue a divorce judgment, which legally finalizes your divorce. This document outlines any agreements on property division, spousal support, and other matters.

#8. Change Your Name

If you wish to revert to your prior name after the divorce, you have two options:

Include a request in your initial complaint, and the court can order it in the divorce judgment.
Submit an Application of Resumption of Former Name to resume your former name with the clerk of court.

Once you get an order, you should update your changed name on your driver’s license, social security card, passport, bank account, and any other legal or financial documents.