Divorce Guide

Divorce Guide

Getting NC Divorce

The process for getting NC divorce is lengthy and costly. Either of the spouses must be residing in North Carolina for at least 6 months. There are two grounds for divorce in North Carolina: first is one-year separation and other is insanity. For a one-year separation, you must state that you and your spouse are living apart for one year. You donít require filing any papers for the beginning of your separation. It is also called no-fault ground. The second ground for divorce in North Carolina is insanity or cruelty. It is also known as fault ground. North Carolina is a no-fault state.

You can also file for divorce on other fault grounds like-

  • Adultery
  • Impotency
  • Mental health problem
  • Drug addiction
  • Imprisonment

A lawyer should be appointed to handle the filing of divorce complaint and summons with the countyís clerk. The complaint is filed by one spouse highlighting the reasons for the divorce. The person filing for divorce is called the Petitioner and the person responding to divorce is called the Respondent. Issues like alimony, child custody, child support, property division and debt payment are to be solved before getting NC divorce. These issues are to be solved on trial basis.

Types of Divorce in NC

If both the parties do not agree with the terms of divorce and information in the papers, that spouse can file separate papers. This is considered a "contested" divorce. In most of the contested divorce cases, issues related to children or alimony are not solved. The couple must then attend a trial, if agreement isn't reached. If the parties agree with everything in the papers along with divorce terms, the divorce proceeds uncontested.

You have to file a complaint and summons once you fulfill all the residential requirements. It can either be done by you or by a divorce attorney. These papers must be filed in your county with the court clerk where you are residing. The document can be either served on your spouse by a sheriff. You must file a "Notice of Service of Process by Publication" if your spouse does not agree with the terms mentioned in the petition. These are to be published as a notice in a local paper at the county where your spouse is currently residing.

Your spouse gets time to contest the divorce and file her own papers. If your spouse contests anything in the divorce, a hearing is held to resolve these issues. If your spouse does not contest the divorce within the specific time, then the case may be considered uncontested. The judge will check all the documents and sign the decree, accordingly stating that the parties are divorced.

You can also file for the divorce online. Getting NC divorce through online services is more preferred if it is an uncontested divorce. These online website services provide forms and information free of cost. You can file these papers without the help of lawyer. However, a lawyer can be helpful in solving the legal matters related to divorce.

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