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North Carolina

North Carolina

North Carolina

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; insanity.

Residency: Either party a bona fideresident for 6 months before bringing action.

Waiting Period: Decree finalimmediately.

No Fault: Separation.

Defenses: None listed.

Code Section: 50

CHILD CUSTODY
Uniform Child Custody Act:1979
Joint Custody:Yes, 50-13.2
Grandparent Visitation:Yes, 50-13.2
Child's Wishes Considered:No
Code Section: 50-11.2

MARITAL PROPERTY
Community Property: No, however Uniform Disposition ofCommunity Property Rights at Death Act adopted (31C-1, et seq.).

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Underage; previouslyundissolved marriage; impotent; lack of consent due to lack ofwill or understanding; under 16.

Time Limitation: Age: Marriage willnot be declared void if girl is pregnant (51-3) or ifcohabitation after 16 (10 S.E.2d 807).

Legitimacy of Children: None listed.

Prohibited Marriages: Bigamy;between double first cousins or nearer in kin than first cousin.

Code Section: 51-3

RESOURCES

American Arbitration Association
Charlotte Regional Office
428 E. 4th St., Ste. 300
Charlotte, NC 28202
Phone: (704)347-0200
Fax: (704)347-2804
Neil Carmichael, Reg. VP

Family Litigation Manual - NorthCarolina
Hanford Publishing Company
1525 Oregon Pike, Ste. 901
Lancaster, PA 17601-4333
Richard K. Hoefling and William D. Paton. 1989.

North Carolina Banking Commission
PO Box 29512
Raleigh, NC 27626-0512
Phone: (919)733-3016
William T. Graham, Commnr.

North Carolina Bar Association
1312 Annapolis Dr.
PO Box 12806
Raleigh, NC 27608
Phone: (919)828-0561
Fax: (919)821-2410

North Carolina Child Support EnforcementSection
Division of Social Services
Department of Human Resources
100 E. Six Forks Rd.
Raleigh, NC 27603-1393
Phone: (919)571-4120
Fax: (919)571-4126

North Carolina Department ofEnvironment, Health, and Natural Resources
Vital Records Section
PO Box 29537
Raleigh, NC 27626-0537
Phone: (919)733-3526
Responds to public inquiries for birth records dating fromOctober, 1913, death records dating from January 1, 1930, divorcerecords dating from January 1, 1930, (prior divorces filed withclerk of court in county of divorce), and marriage records datingfrom January 1, 1962 (prior marriages filed with register ofdeeds in county of marriage). Charges $10 search fee whichincludes copy of record if found. Additional copies $5 each.Deaths dated 1909-1929 are filed with Division of Archives andHistory, Department of Cultural Resources, 109 E. Jones St.,Raleigh, NC 27601-2807. The following information is required:name of deceased, date and county of death. Charges search fee of$5. Copies cost $10, but may not be ordered until after search iscompleted. For all inquiries, enclose a self-addressed, stampedenvelope.

North Carolina Divorce, Alimony, andChild Custody (with Forms)
Harrison Company
3110 Crossing Park
Norcross, GA 30071
Lloyd T. Kelso. 1989.

North Carolina Insurance Department
PO Box 26387
Raleigh, NC 27611
Phone: (919)733-7343
Free: 800-662-7777
James E. Long, Commnr.

North Carolina State Bar
208 Fayetteville St. Mall
Raleigh, NC 27611
Phone: (919)828-4620

Office of Child Support EnforcementRegional Representative (North Carolina)
101 Marietta Tower, Ste. 821
Atlanta, GA 30323
Phone: (404)331-5733

Supportworks, Greater Mecklenberg Area
1012 Kings Dr., Ste. 923
Charlotte, NC 28283
Phone: (704)331-9500
Joal Fischer, Director

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