Burlington, NC asked in Child Custody, Child Support and Divorce for North Carolina

Q: In NC, do you have to be "legally separated" or can one person just move out and then file for Divorce a year later?

Basically, I want to know what is the process for divorce in NC.

We have one child together and she has one from a previous relationship.

We've been married about a year and a half.

What are the child support/custody rules and regulations?

I am completely at a loss. I have several more questions before I start this process.

I do believe it will be fairly amicable.

2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: There is no such thing as 'legally separated' so "one person [can] just move out and then file for Divorce a year later" However, if you do it that way not knowing the law - which you clearly do not, you can screw yourself pretty hard. If things are amicable, your best bet is to resolve all the marital issues you mentioned in a formal written separation agreement - that can be done for most average couples for a flat rate fee of $250. Then have the divorce done for you for a flat rate fee of $395. Just visit our site at easyncdivorce.com to see if our service is a good fit for you.

Adam Bull
Adam Bull
Answered
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: Yes you have to be separated for a year, which requires physical separation and the intent not to renew the relationship. If there are custody and child support issues, I would suggest speaking with a family law attorney who can go over you matter in detail.

Child support is calculated based upon the income of all parties.

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