how do i file for divorce in nc without a lawyer

by Prof. Aidan Grimes III 9 min read

Online Divorce Without a Lawyer in North Carolina Our online divorce service is easy to use. Just follow the instructions and answer the questions about your case. After receiving the ready forms, print them, sign them, and file them with your local court.

Full Answer

How long does it take to get a divorce in NC?

May 27, 2020 · Average Cost of Divorce in North Carolina The filing fee for divorce in North Carolina is currently $225 (with an additional $10.00 for filing a Resumption of Maiden Name). However, this fee can be waived for indigent filers, through a Petition to Proceed as an Indigent.

What are the grounds for immediate divorce in NC?

Mar 08, 2021 · A divorce proceeding in north carolina begins with the filing of a completed complaint for absolute divorce with the clerk of court’s office in the county where you reside. According to nc divorce laws, in order to file for an absolute divorce you must wait until you and your spouse have been separated for one year and one party must have resided in north …

What are the requirements for divorce in North Carolina?

Jul 19, 2020 · Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart. Can you do a divorce ...

What are the laws for divorce in North Carolina?

Jan 01, 2019 · How do I file for divorce? To file for divorce, you must file the following documents with the clerk of court in the county where either you or your spouse lives: A complaint, stating the facts of your case and your request for a divorce. The courts do …

image

How much does it cost to file for divorce in NC without an attorney?

The fee for filing a case for divorce is currently $225.00. If you are including a claim for Resumption of Maiden Name, there may be an additional $10.00 fee. These fees are subject to change. If you cannot afford the filing fee, also take the Petition to Proceed as an Indigent and ask to speak with a Clerk.

Can I get a divorce without a lawyer in NC?

Filing for Divorce in North Carolina Without a Lawyer: Use ONLY IF: You have lived in NC for at least 6 months. You have been separated for at least 1 year. You do not want alimony or spousal support AND.

How do I get a divorce in NC without going to court?

Couples who wish to pursue an uncontested (simple) divorce can do so by filing a "no-fault" divorce. In a no-fault divorce, the law doesn't require either spouse to prove that the other person caused the breakdown of the marriage.

How can I get a simple divorce in NC?

Steps for Getting an Absolute DivorceComplete the Court Forms.File Court Papers in the Clerk of Court's Office.Serve the Papers on the Defendant (your Spouse)Wait 30 days, then set date for Hearing.Go to Court with prepared Judgment for Judge's review.

How do I get a divorce in NC without waiting a year?

Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.Jul 12, 2019

Can I get a divorce without my spouse knowing?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

Can I file for divorce online in NC?

Get Your Divorce Forms Completed Online With North Carolina Online Divorce, you'll get court-approved papers filled out based on the information you provide. All Required North Carolina State Forms. North Carolina-Specific Court Filing Instructions. Unlimited Revisions for as long as your account is active.

Can I file my own separation agreement in NC?

A separation agreement or other written document is not required to be legally separated in North Carolina. To be considered separated from your spouse, you need to be living in different homes, and at least one of you needs to intend that the separation be permanent.

How can I get a quick divorce?

Quick Divorce - how long and how to speed it up!Check the basics. ... Get together and talk. ... Agree your reasons. ... Confirm financial and contact arrangements. ... Find your marriage certificate. ... Contact your local county court. ... Choose the right company.

Can you expedite a divorce in North Carolina?

If you want to get over with your divorce as quickly as possible, you may be wondering how to skip, bypass, or avoid the mandated waiting period. Unfortunately, there is no legal way to avoid this divorce requirement in North Carolina, though there may be exceptions.Jan 1, 2020

This Is Us Star Justin Hartley Filed For Divorce From

According to the cdc, the rate of divorce in north carolina in 2011 was 3.7 for every 1,000 residents. After receiving the ready forms, print them, sign them, and file them with your local court.

How To File For Divorce In Nc Without An Attorney

Check your state’s requirements for filing. Doing your own divorce is easy!Doing your own divorce is easy!Domestic civil action cover sheet;

Can I file my own separation agreement in NC?

A separation agreement is not valid in North Carolina unless both parties have signed and their signatures are notarized. For it to be valid, the agreement must be signed at or after the parties’ separation. No one can compel a spouse to sign a separation agreement.

How much does a uncontested divorce cost in NC?

The fee for filing a case for divorce is currently $225.00. If you are including a claim for Resumption of Maiden Name, there may be an additional $10.00 fee. These fees are subject to change. If you cannot afford the filing fee, also take the Petition to Proceed as an Indigent and ask to speak with a Clerk.

How do I get a divorce in NC without waiting a year?

Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.

Can you do a divorce yourself?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

Can I get a divorce without going to court?

Divorce without court is exactly what it sounds like. There are ways to divorce without ever setting foot in a courtroom. Typically you’ll choose from one of three options: 1) collaborative divorce, 2) mediation, or 3) uncontested divorce.

Can I date while separated in NC?

1) You Can Date While Separated After you have legally separated you are free to date as if you are not married. Your spouse does not have a say in whether or who you date. Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts.

Do I need to legally separate?

Legal separation is a situation where you are no longer living with your spouse but remain legally married. Not all states allow legal separations, but California is one that does. Your spouse needs to agree to it or at least default after you have served him with your petition.

How long do you have to live in North Carolina to get divorce?

You can get a “simple” absolute divorce in North Carolina no matter where your spouse lives, as long as you live in North Carolina at the time you file for divorce and have lived in North Carolina for the six months immediately before filing.

How long do you have to be separated to file for divorce?

You are eligible to file for divorce, also called an “absolute divorce,” only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.

How long do you have to wait to get divorced after a DBB?

Once you are separated due to a DBB order, you will still need to wait one year and file for an absolute divorce to legally end the marriage.

How old do you have to be to file for child support?

Similarly, parents can file at any time for child support for children under 18 (or still in high school and under age 20), regardless of marital status.

What are the requirements to end a marriage?

Ways and requirements to end your marriage or domestic partnership, including separation, divorce, property, alimony and enforcement.

What is a complaint in divorce?

A complaint, stating the facts of your case and your request for a divorce. The courts do not provide a standard form for the complaint. If you intend to file for property division or spousal support, you must include all supporting facts and your requests in your complaint. A summons.

What is a domestic civil action cover sheet?

A Domestic Civil Action Cover Sheet. An affidavit pursuant to the Servicemembers Civil Relief Act (SCRA), telling the court whether or not your spouse is in the military. This is intended to protect the legal rights of active-duty service members. You can search military records to find a person’s status here.

Get Your Divorce Forms Completed Online

The divorce forms provided by NorthCarolinaOnlineDivorce.com take into consideration all the state-specific divorce laws and regulations, as well as the peculiarities of your specific case. Moreover, we constantly monitor all changes to uncontested divorce documents preparation and update our forms to comply with the latest local requirements.

Online Divorce Without a Lawyer in North Carolina

Our online divorce service is easy to use. Just follow the instructions and answer the questions about your case. After receiving the ready forms, print them, sign them, and file them with your local court.

How long do you have to wait to file for divorce in NC?

According to NC divorce laws, in order to file for an Absolute Divorce you must wait until you and your spouse have been separated for one year and one party must have resided in North Carolina for six months prior to the filing of the action. Related Article: I’m In A Hurry: How Fast Can I Get Divorced?

How long do you have to live apart to file for divorce in North Carolina?

What are the grounds for divorce in North Carolina? In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action.

What does a complaint state in a divorce?

In the complaint you must also state whether or not there are children born to the marriage.

How are assets divided in NC?

In NC divorces, assets are typically divided by equitable division (which could be a 50/50 distribution of assets if that is considered equitable). In some cases, courts divide assets by community property division (where both spouses get ownership).

Do you have to see a lawyer before filing for divorce in North Carolina?

However, you should see a lawyer prior to filing for divorce to make sure there are no other viable claims that you wish to pursue . In North Carolina, if you are granted a divorce (i.e. the judge signs the divorce papers) then your claims for alimony and equitable distribution are barred.

Can you add alimony to a divorce action?

An Absolute Divorce action does not decide the issue of maintenance. If you want to add the claims for post-separation support and alimony, you can, but an Absolute Divorce action alone is not enough.

Can you get divorced in North Carolina?

In North Carolina, divorce can be obtained whether or not both parties want a divorce. As long as you have been separated a year and one of the parties has been a resident of North Carolina for six months prior to the filing of the action, then you can obtain a divorce. Consent by both parties is not necessary in North Carolina.

How long do you have to live in North Carolina before filing for divorce?

At least one spouse must have lived in North Carolina for six months before filing.

How long do you have to live apart to get divorced?

To get divorced based on the one-year separation, the soon-to-be-former spouses must have been living apart for at least one year. The requirement that the parties live separately entails a physical separation and the intent of either spouse or both spouses to end their marriage.

How long can a spouse file a motion for summary judgment?

An additional 30 days can be granted if the spouse files the proper request. When the 30-day waiting period (or the 60-day waiting period, if an additional 30 days are granted) is over, spouses can file a Motion for Summary Judgment.

What to do when you are separated from your ex-husband?

While you are waiting for the separation period to pass, it would be a good idea to negotiate a settlement agreement with your soon-to-be-ex-spouse to find a consensus on such issues as child custody, alimony, child support, and property distribution. This could make the entire divorce process much quicker and easier.

image