Wilmington Divorce Lawyer

Are you considering divorce in Wilmington, North Carolina? The divorce process may seem confusing, and you may worry about protecting your interests and future. A Wilmington divorce lawyer from The Law Offices of John Drew Warlick, P.A., is ready to discuss your situation, help guide you through your divorce, and advocate for your rights to achieve a fair outcome. For three generations, our law firm has served the people of Wilmington and surrounding North Carolina communities. Contact us for a free initial case evaluation to learn more about your legal rights and what to expect in the divorce process in North Carolina. Let one of our Wilmington divorce lawyers help you through this life-changing event.

What Are the Grounds for Divorce in North Carolina?

In North Carolina, absolute divorces occur under the state’s no-fault divorce statute. State law does not recognize fault-based divorces. That means you do not have to show that your spouse did anything wrong in order to seek a divorce. North Carolina law simply requires that the divorcing couple live separately for a year with the intention of living apart permanently. However, North Carolina law does permit absolute divorces in cases of incurable insanity. When spouses have lived separately for at least three consecutive years due to the incurable insanity of one spouse, the sane spouse may petition for divorce. The sane spouse must present evidence of their spouse’s incurable insanity, including a report from an examination performed at least three years before filing for divorce, testimony from a physician at the insane spouse’s institution and another physician from the couple’s community, or adjudication of insanity.

How Long Do I Have to Wait to Get a Divorce in North Carolina?

One or both spouses may seek a no-fault divorce in North Carolina after the couple has lived separately for at least one year and either spouse has resided in North Carolina for at least six months. A resumption of marital relations may reset the one-year separation period, although isolated incidents of sexual intercourse will not.

Is Mediation Mandatory in North Carolina?

North Carolina courts require divorcing spouses to participate in mediation if they wish to submit the issue of child custody or equitable distribution to the court for resolution. State law mandates mediation in these cases to protect children from the stress of litigation or to protect a couple’s assets from litigation costs. The presiding judge has the discretion to waive mediation upon one or both spouse’s motion.

What Is a Divorce from Bed and Board?

North Carolina law also offers spouses the option of obtaining a divorce from bed and board. A divorce from bed and board legally separates spouses but does not end the marriage. However, the legal separation does affect the rights of each spouse. Grounds for obtaining a divorce from bed and board include:

• Abandonment of spouse and the family
• Maliciously turning a spouse out of doors
• Cruel or barbarous treatment that threatens the life of a spouse
• Indignities that render the conditions of the marriage intolerable or unduly burdensome
• Excessive use of alcohol or drugs to the extent that the conditions of the marriage become intolerable
• Adultery

How Is Marital Property Divided in North Carolina?

Marital property includes any property acquired by either or both spouses during the marriage before their separation, except for property deemed separate. Spouses must divide marital property between themselves during a divorce. If a couple asks the court to divide marital property, the court will consider statutory factors such as:

• The income, assets, and liabilities of each spouse
• Any support obligations from a prior marriage
• The duration of the marriage
• The age and physical and mental health of the spouses
• Whether the spouse with primary custody of the children of the marriage needs to own or occupy the marital residence
• Whether either spouse has a pension, retirement, or deferred compensation not included in the marital property
• The financial contributions of each spouse to property acquired during the marriage
• Financial contributions to separate property during the marriage
• Any contributions to the educational or professional advancement of the other spouse
• The tax consequences to either spouse from selling or liquidating property
• The difficulty of valuing any marital property, including interests in a business, or the desirability of retaining such assets free and clear of any claims of the other spouse
• The acts of either spouse to maintain, preserve, develop, or expand marital property, or waste, neglect, or devalue such property during the couple’s separation
• Whether any property will pass between the spouses by will, intestacy, joint tenancy, or beneficiary or transfer-on-death designation

How Is Alimony Determined in North Carolina?

Either spouse in a North Carolina divorce may request alimony from the other spouse. A court may award alimony if it finds one spouse financially depends on the other. The amount and duration of alimony awarded by the court will depend on an evaluation of various factors, such as:

• The marital misconduct of either spouse or whether either spouse engaged in an act of illicit sexual behavior
• The relative earning capacity and income of the spouses
• The sources of income, earned and unearned, including dividends, retirement benefits, and insurance
• The ages and physical and mental conditions of each spouse
• The length of the marriage
• The contribution of one spouse to the other spouse’s increased earning capacity, training, or education
• Whether either spouse’s earning capacity will decrease due to taking primary or sole custody of a child
• The standard of living achieved during the marriage
• The education of each spouse or the time necessary for a spouse to obtain sufficient education or training to find employment to meet their financial needs
• The assets, liabilities, and debt-service obligations of each spouse
• Property each spouse brought to the marriage
• Whether a spouse contributed as a homemaker
• The needs of each spouse
• Tax ramifications of any alimony award

How Is Child Custody Determined in North Carolina?

North Carolina law requires courts to determine child custody arrangements by considering the best interests of the child. Courts may evaluate multiple factors in determining the child’s best interests, including:

• The parents’ respective living arrangements
• Each parent’s ability to care for the child
• The child’s relationship with each parent
• Acts of domestic violence between the parents or acts of abuse or neglect inflicted by a parent against the child or another of the parent’s children
• The child’s specific needs
• Each parent’s availability to spend time with the child
• The preference of a child with sufficient maturity and understanding to express their preference

Contact a Wilmington North Carolina Divorce Lawyer

Reach out to The Law Offices of John Drew Warlick, P.A., today for a confidential consultation to discuss pursuing a divorce. A knowledgeable Wilmington divorce lawyer from our firm can help you protect your rights and interests as you begin a new chapter in your life.