Steps to Getting a Divorce in North Carolina

The First Art Newspaper on the Net    Established in 1996 Thursday, June 8, 2023

Steps to Getting a Divorce in North Carolina

Getting a divorce can be really complicated, and if you have minor children, even more so. The stress, the process, and the fights can all be quite overwhelming. But understanding how the divorce process works step by step can make things a little easier for couples and significantly reduce anxiety.

In this article, we will discuss all you need to know to get a divorce in North Carolina.

Some things to consider before filing for a divorce
North Carolina offers a “no-fault” divorce option, which means that neither spouse has to prove the reasons for their divorce.

To file for divorce in North Carolina, you must be a resident of the state for at least 6 months.

Also, you do not need to use a lawyer for the proceedings if you have an uncontested divorce. Instead, you can rely on online divorce services to get your divorce papers done.

Step 1: You will need to live separately first
One crucial factor in getting “an absolute divorce” in North Carolina is that you and your spouse should have lived separately for at least a year and a day BEFORE filing for your divorce. If you reconcile during that time, this then resets the separation time, and the process will need to start all over again should you choose to separate again at a later stage.

You do not need a legal document to prove that you have been living separately for a year, but it is always wise to have something in writing. You could have a signed agreement between you and your spouse showing that you are separated and have it notarized.

Some grounds for separation are:

• Abandonment

• Physical Abuse (cruel and barbaric treatment)

• Drug abuse

• Adultery

• Or another reason that makes life unbearable for the spouses.

While separated, you can’t remarry someone, but you can decide on things like:

• Child custody

• Child support

• Alimony

• Division of assets

Step 2: File a divorce complaint
After a year of separation, you can then file a “divorce complaint” with the clerk of court in your county. You could use an online divorce service to prepare the divorce papers to make the process easier.

Before you do this, you will need to make sure that you have taken the correct steps to protect your interests, such as:

• Decide on child custody, alimony, child maintenance, and how to divide any property, debts, and assets that you might have.

• You will need a claim of equitable distribution before your divorce judgment.

• You will also need to assert an alimony claim before your divorce judgment. If you do not do this, then you forfeit your right to do so.

• Think about what you will need for your future and current needs as a single person, and understand the legal implications of what you decide.

When you file a “divorce complaint,” you can either do so yourself or allow an attorney to do it for you.

These are also other forms that you will need:

• Domestic Civil Action Cover Sheet

• Civil Summons

• Servicemembers Civil Relief Act Affidavit

The courts will require you to pay a filing fee at the time of filing. If you can’t afford the fee, you can apply for a “Petition to proceed as an indigent.” If a judge approves your request, the filing fee will be waived.

Step 3: Serve your spouse
You will then need to serve your spouse with copies of the divorce papers. You can use a professional server, the county sheriff, or anyone over the age of 18. Also, certified mail can be used to serve the divorce notice. The important thing is that you will need to complete a “proof of service” form to show the court that your spouse is aware of the divorce.

In North Carolina, the courts also impose a 30 day waiting period for a hearing after serving your spouse.

Step 4: Use a mediator if you can
If you and your spouse think you can end your marriage amicably, but some unresolved issues remain, you might just need a mediator to help you.

Mediation assists couples to reach an amicable arrangement quickly to avoid a divorce trial. This means that you won’t have to have a lengthy court battle, saving you tons of money on your divorce proceedings.

Step 5: Final hearing
Once all your paperwork has been filed properly and you and your spouse have reached an amicable agreement, you will need to schedule your final hearing. The judge will listen to each spouse at the hearing and decide if their settlement agreement is fair for each partner.

Therefore it’s always wise to have issues resolved before going to court, as this will ensure a speedy and hassle-free process. If all your documents have already been completed, the judge will only have to sign your divorce decree.

Some forms that you will need for this last process are:

• A Judgment for Absolute Divorce

• A Certificate for Absolute Divorce

• A Separation Agreement and Property Settlement Contract

• A Parenting Plan

Once the judge signs your order, you and your spouse will then be legally divorced. This also means that you will be free to remarry if you choose.

The process of divorce could be simple and take less time if you have an uncontested divorce.

If you are unsure of anything, always ask an attorney for help. Whatever you decide on today could affect your future. Always take your time and think things through clearly.

Hopefully, this step-by-step guide has helped answer some questions and set the process in order.

Today's News

May 28, 2021

New research reveals some of the earliest examples of human violence in the world

Andy Warhol: Machine Made: Sale of 5 unique NFTs totals $3.38M

The Vessel, a tourist draw, to reopen with changes after several deaths

Hindman Auctions to present Icons of Style: Summer Fashion & Accessories this June

Art Institute of Chicago debuts monumental Tiffany stained glass window

Mary Beth Edelson, feminist art pioneer, is dead at 88

They've given $6 million to the arts. No one knew them, until now.

Eric Carle, author of 'The Very Hungry Caterpillar,' dies at 91

Andrew Kreps Gallery now represents Uri Aran

From Oscar Wilde to suffragettes, new UK museum tells story of policing London

Italian ballet star Carla Fracci dies age 84

Christie's Design Sales total $17.4M

New exhibition explores Sigmund Freud's experience of the Spanish Flu pandemic

Freeman's announces results of Jewelry and Watches auction

Morris Museum President/CEO, Cleveland Johnson, announces plans for retirement

Samuel E. Wright, the voice of Sebastian in 'The Little Mermaid,' dies at 72

Fort Gansevoort opens an online exhibition of paintings from 1998-2019 by Willie Birch

Miles McEnery Gallery now representing Danny Ferrell

Broadway's Tony Awards, delayed by pandemic, set for September

Smithsonian museums set to reopen by September

New documentary storytelling photography exhibit connects, supports, and celebrates NYC neighbors

1856 bond certificate twice signed by Corenelius Vanderbilt sells for $11,250

Sir David Adjaye OBE receives 2021 Royal Gold Medal for Architecture

David Bates' 'Waterfall' leads Heritage Texas Art Auction above $774K

Dallas Museum of Art presents its 2021 Awards to Artists

Understanding how to make an oil painting landscape?

Steps to Getting a Divorce in North Carolina

Free PDF Business Plan Templates

Top Ways Women Are Using to Empower Other Women

Is Online Casino Legal in Singapore? - The Best Online Gambling Site

Museums, Exhibits, Artists, Milestones, Digital Art, Architecture, Photography,
Photographers, Special Photos, Special Reports, Featured Stories, Auctions, Art Fairs,
Anecdotes, Art Quiz, Education, Mythology, 3D Images, Last Week, .


Ignacio Villarreal
(1941 - 2019)
Editor & Publisher: Jose Villarreal
Art Director: Juan José Sepúlveda Ramírez

sa gaming free credit

Royalville Communications, Inc
Founder's Site. Hommage
to a Mexican poet.

The First Art Newspaper on the Net. The Best Versions Of Ave Maria Song Junco de la Vega Site Ignacio Villarreal Site Parroquia Natividad del Señor
Tell a Friend
Dear User, please complete the form below in order to recommend the Artdaily newsletter to someone you know.
Please complete all fields marked *.
Sending Mail
Sending Successful