Same-Sex Divorce In North Carolina: What You Need To Know

In October 2014, a landmark case paved the way for the legalization of same-sex marriage in North Carolina. The Fourth Circuit Court of Appeals, on October 10, 2014, declared North Carolina’s ban on same-sex marriage unconstitutional, allowing same-sex couples to finally marry within the state. While this was a significant step forward for LGBTQ+ rights, the process of same-sex divorce in North Carolina remains intricate and deserves attention.

Demystifying the Requirements for Divorce in North Carolina

Obtaining a same-sex divorce in North Carolina mirrors the process followed by opposite-sex couples. To begin the divorce proceedings, specific requirements must be met:

• The married couple must have resided in North Carolina for at least six months before filing for divorce.
• At least one spouse should have lived in North Carolina for a minimum of 30 days before initiating the divorce process.
• Furthermore, it is essential for one of the spouses to consider North Carolina their home, with no intention of relocating.

Once these requirements are fulfilled, the couple can proceed with filing for an absolute divorce.

The Evolution of Divorce Reasons: A No-Fault State

North Carolina operates as a no-fault divorce state, meaning neither spouse needs to prove that the other caused the demise of the marriage. Instead, the only condition necessitates that both individuals have resided in separate households for a minimum of one year before initiating divorce proceedings.

Same-Sex Divorce in North Carolina and Its Alignment with Federal Law

Since the groundbreaking Supreme Court decision in Obergefell v. Hodges in 2015, marriage equality has been affirmed across all states. Consequentially, any legally performed same-sex marriages from other states receive recognition in North Carolina. This recognition empowers same-sex couples to pursue divorce proceedings just like any other couple. With the guidance of experienced family law attorneys, these couples can navigate the state’s divorce laws and establish mutually agreeable divorce agreements.

The Right to Divorce: Equality Matters

Every citizen, regardless of their sexual orientation, has the constitutional right to file for divorce. Consequently, no state court is permitted to deny a divorce decree solely based on the couple being same-sex. Divorce is a fundamental issue encompassed by constitutional rights, ensuring that all individuals are granted the freedom to seek legal dissolution of their marriages.

The Impact of Marriage Duration on Same-Sex Divorce Cases

The duration of a marriage can influence the nature of the divorce proceedings, which can be either discretionary or mandatory. In North Carolina, marriages lasting less than two years impose the possibility of spousal support if requested by either party.

The Crucial Role of Financial Disclosure

Throughout the divorce process, both parties must provide financial declarations in the form of a financial affidavit. This document necessitates the disclosure of assets, debts, income, savings, investments, shared assets, and credit reports. Securing the services of a divorce attorney is imperative to ensure accurate and comprehensive disclosure of finances and assets.

Navigating Child Custody Matters

Same-sex couples embarking on a divorce must address crucial child custody issues. The separation agreement should encompass all facets related to child custody and parenting. Child support considerations may also be necessary, depending on the circumstances surrounding the case.

Equitable Distribution of Marital Property

When it comes to the division of marital property, North Carolina applies an equitable distribution strategy, catering to both same-sex and opposite-sex couples. This approach ensures a fair allocation of assets during the divorce process.

A Holistic Perspective: Same-Sex Divorce in North Carolina

In conclusion, same-sex divorce in North Carolina is a relatively recent phenomenon. While it may present some complexities, these cases adhere to the same legal protocol as divorces involving heterosexual couples. To navigate the intricacies and understand the rights and legal options available, engaging the assistance of an experienced family law attorney becomes pivotal. By leveraging their expertise, individuals can confidently maneuver through the complexity of same-sex divorce in North Carolina.