Does It Matter Who Files for Divorce?

North Carolina is a no-fault divorce state, so it generally doesn’t matter who files for divorce. There is no need to race to the courthouse to be the first to file the divorce papers. Being the party who files for divorce not only doesn’t impact the actual divorce, but it is doesn’t affect your right to alimony, property distribution, child support, or child custody. The Actual Divorce The divorce process in North Carolina requires the following steps: Live separate and apart for one year File the divorce complaint File other documents with the court and follow the procedural requirements (service of process, etc.) Get the finalized divorce order It doesn’t matter who files the actual divorce complaint with the court. You won’t need to explain your reason for divorcing or to show that the other party caused the divorce. You should, however, consult a divorce attorney before your final divorce is granted. One important reason to do this is because…

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