David Silver teaches The Legal Environment of Business in ECU's Department of Finance. Dave is also a Partner with The Graham.Nuckolls.Conner Law Firm in Greenville, NC, concentrating in Elder Law
When a couple divorces in North Carolina, the court will make a ruling about how marital property should be divided between the two spouses. In following equitable distribution principles, the court will divide the property equally unless dividing the property equally is not determined to be fair. Some factors that may be considered by the court include the income and liabilities of each spouse and the needs of a parent with children to occupy the marital residence.
An uncontested divorce is the least complicated type of divorce in North Carolina and involves a few basic steps. First, one party files court papers to ask for a divorce along with details of property division, alimony and child custody if applicable, then the other party is notified of the filing. A hearing is then scheduled, with both spouses notified of the hearing date, and finally, a judge signs the decree at the hearing granting the divorce.