Divorce Guide

Divorce Guide

North Carolina divorce court

Getting divorce from North Carolina divorce court is not complicated process, as North Carolina is one of the easier state in which you can take divorce. It also maintains the divorce cases that are heard in its courtrooms. The process of the divorce court starts when one of the spouse signs the petition and ends when judge signs the divorce decree.

To file for divorce, there are certain rules and laws of North Carolina which you should follow. Either of the parties must be residing in state of North Carolina for at least six months .the legal proceedings take place in the county where either spouses resides.(North Carolina statues-chapter-50-sections: 50-8)

North Carolina divorce court, allows both the parties to get divorced on fault or no fault basis. The grounds for no fault basis include living separately apart for one year or living separately apart for three years without cohabitation. Fault divorce grounds can be adultery, abandons his or her family, mental or physical cruelty, drug addiction or imprisonment.

North Carolina law states that the separation agreement must be in writing and acknowledge by both the spouses. The law considers the family issue that includes alimony, child custody, child support, property and debt division.

  • Property and debt division: For deciding the property division court will consider factors like marriage length, age and physical health of parties.
  • Alimony: The court orders alimony depending on the factors like marital misconduct, marriage length, tax consequences, income sources, and relative needs of the spouses. A court can also order temporary alimony when divorce is pending.
  • Child custody and visitation: Court makes the decision of the custody depending on what is in best interest for the children. To decide on this issue factors like domestic violence between the parties, parentís relation with the child and childís need and wishes are considered.
  • Child support includes the factors that can provide the financial security to the child. In North Carolina, child support is based in the guidelines of state child support.

All these issues are solved by the court on the trial basis. In case if issues of children are related you should file for contested divorce. Otherwise most of the people file for uncontested divorce.

Process of filing the divorce in North Carolina divorce court:

  • You must have separated at least for a year before filing the petition. Once you fulfill the residential requirement, file the divorce complaint (Petition) to the court. The complaint and summon must be filed with the court .pay the necessary fees to the clerk for filing the petition.
  • Serve the petition to your spouse. You can serve on your spouse with the help of sheriff also. Once you get the response from your spouse wait for the judges hearing. In case if divorce is uncontested, your lawyer can attend the hearing. But for contested divorce you need to attend the hearing.
  • The court will study all the documents and if these documents are right, the judge will sign the final decree stating the end of marriage.

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