Divorce Guide

Divorce Guide

Quick divorce in North Carolina

North Carolina is one of the states where you can seek for an easy divorce. Divorcing laws in this state are simple and you can go for a divorce without an attorney. For a quick divorce in North Carolina, the consent of both spouses is inevitable. They must follow the states divorce rules and requirements to make the process fast.

Residential Requirements:

It is mandatory to meet the residential requirements to get a quick divorce in North Carolina. Either the husband or the wife must have resided for not less than 6 months in the state of North Carolina before filing the petition.

Grounds for divorce in NC:

No-fault divorce: For a no-fault divorce, couples must be living apart and separate for at least one year without any cohabitation.

General divorce: Permanent insanity for a period of 3 years based on examination.

Legal separation in North Carolina:

Following are the grounds based on which legal separation can occur in North Carolina:

  • Abandonment
  • Cruel treatment endangering the life of other
  • Inhuman treatment
  • Addiction towards alcohol or drugs
  • Adultery
  • Turning a spouse out-of-doors

Special divorce in NC:

There is no separate provision for a simplified/special divorce in North Carolina.

How to get a quick divorce in North Carolina:

  1. In order to get a quick divorce in North Carolina, you must get separated from your spouse before filing a divorce. One year separation is must to file for a no-fault divorce. If ground for divorce is incurable insanity of your partner then this period of separation increases to 3 years. The separation period stands invalid if divorcing couples resume their relationship or have any type of sexual relation with each other. Spouses must reside in different residences for a year.
  2. After the completion of one year separation, file for a divorce complaint and summons with the court clerk. You can file the complaint and summons in the country where you or your spouse or both of you reside. You are required to serve the complaint and summons to your spouse either by a sheriff or by certified mail. A "Notice of Service of Process by Publication" is needed to be filed in case you are unable to reach to your spouse.
  3. Time is allotted to the other party for contesting the divorce and filing his/her own papers. If the divorce becomes contested then to resolve matters a hearing is held. If neither of the parties contest on the issues of divorce, it is considered to be an uncontested divorce. In such a case the judge signs the divorce judgment and the clerk stamps it to prove that you are now legally divorced.

Although the divorce process is easy in this state but the paperwork can be a matter of concern. Be careful while filling and filing the documents. To obtain a quick divorce in North Carolina you need to meet the residential requirements and the legal standards.

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