how to file for divorce in nc without a lawyer

How to Get a Divorce in North Carolina Without a Lawyer

• Requirements to Meet Before You File. If you’re seeking a divorce in North Carolina, either you or your spouse must have lived in the state for at least six months.
• Completing the Forms. ...
• Filing the Forms. ...
• Serving the Forms on Your Spouse. ...
• Scheduling a Court Appearance. ...
• Attending the Hearing. ...

Full Answer

How do you file for divorce in NC?

Mar 08, 2021 · You can get divorced in north carolina without hiring or even speaking to a lawyer. You can view an example packet here.You must also provide the following documents.You must also serve the complaint on your spouse. You must file a …

How to find a divorce record 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 …

How do you get divorced in NC?

Mar 10, 2022 · Summary: North Carolina divorce law doesn’t need to be a mystery. Discover residency requirements, grounds for divorce, and what to expect regarding property division, alimony, child support and custody. Match with the search results: How to Get a Divorce Without a Lawyer – Rosen Law Firm. There are two requirements for filing for divorce ...

What are the divorce laws in North Carolina?

The cost of a self-represented “absolute” divorce in North Carolina is $225 to file the paperwork. There is an additional $40 in fees to serve the documents and change your name. However, this kind of divorce has prerequisites that can be costly, …

How do I get a divorce in NC without a lawyer?

If you cannot afford an attorney, you may be eligible for advice or assistance from Legal Aid of North Carolina at 1-866-219-5262. No one except an attorney can advise you of your legal rights.

Can you file your own divorce papers in NC?

Once you file the paperwork, you will need to provide notice of the divorce to your spouse. You can't serve the papers on your spouse yourself—someone who is not involved in the case and who is over the age of 18 must serve the papers. You can use one of the following methods of service: Service by sheriff.

How much does it cost to file for divorce 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 file for divorce for free in NC?

If you cannot afford the fees for filing your Complaint for Divorce, you can ask the Court to let you file for free. In order to make that request, you must file a “Petition to Proceed as an Indigent.” If approved, you will not have to pay the filing fee to the Clerk or service of process fee to the sheriff.Sep 1, 2019

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 we divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

How do I prove legal separation in NC?

How to Prove You Are Separated in North CarolinaA rental agreement, lease or mortgage on separate residences in each spouse's name. ... Utility bills (for electricity, water, sewer and trash) for each separate residence. ... Cable, satellite TV and internet account statements. ... Bank statements.More items...

Can you get a 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.

How long do you have to be separated before divorce?

You and your spouse must live apart from one another for at least 2 out of the previous 3 years before you can apply for divorce.

How much does an uncontested divorce cost in North Carolina?

You can expect to pay around $225 for the documents and filing fees. If you have an amicable or "uncontested" divorce, then you will file the documents and may not need much additional time with an attorney.Jul 15, 2020

What is a simple divorce in NC?

A “simple divorce” is an informal term for an absolute divorce in cases where the person filing only wants to be divorced, and is not requesting anything else, such as property division or spousal support.

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.

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.

What is a separation agreement?

A separation agreement includes agreed-upon terms dealing with various issues related to the separation, such as which spouse is responsible for certain bills, whether one person will continue to live in the marital home, or where the children will live .

Is alimony included in gross income?

Beginning on January 1, 2019, and affecting alimony granted through a separation agreement signed after that date or a court order entered after that date, alimony is no longer included in the calculation of a dependent spouse’s gross income.

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.

Can you enforce a separation agreement?

If your separation agreement was included in a court order, such as your divorce decree, you can ask the court to hold the person in contempt of court (see above). If not, you can enforce your separation agreement by suing your former spouse for breach of contract. An attorney can assist you with this process. Tagged.

What is considered marital property?

Assets and debts you acquired during the marriage are generally classified as “marital property” (exceptions include inheritances and gifts that either of you received from a third party during the marriage). A third category, called “divisible property,” applies to property obtained between separation and divorce.

Clerk of Superior Court

Many counties have procedures that differ slightly from those presented here. Our information is based on the process in Wake County. You should check with the local Clerk of Court to determine any procedural variations in the county where you intend to file.

Complaint

The first form you will fill out is the COMPLAINT. (When opening some of these forms a box may pop up asking for a name and password, simply click on the X in the top right corner to close the box and the form will open).

Verification

The next form you will fill out is the VERIFICATION. Directions for filling out the VERIFICATION. Adobe Acrobat form of the VERIFICATION including directions#N#and an example.

Civil Summons

Next you will fill out the CIVIL SUMMONS. You will need Adobe Acrobat Reader to view the CIVIL SUMMONS. Directions for filling out the CIVIL SUMMONS. When printing the CIVIL SUMMONS, print on the front and back of one page. You will need (3) three copies of the CIVIL SUMMONS.

Service by Certified Mail

The most commonly used form of service these days is certified mail so unless you know your spouse is going to refuse to sign for certified mail, try that method first. Service by certified mail costs whatever the post office charges you for that service and using certified mail should be cheaper and will probably be faster than using the sheriff.

Service by Sheriff

IF THE DEFENDANT (YOUR SPOUSE, THE PERSON YOU ARE TRYING TO SERVE) DOES NOT LIVE IN THE COUNTY YOU ARE FILING IN, YOU MUST CONTACT THE SHERIFF’S DEPARTMENT IN THE COUNTY WHERE YOUR SPOUSE LIVES (WHETHER OR NOT IT IS IN NORTH CAROLINA) TO SERVE THE CIVIL SUMMONS AND COMPLAINT.

Service by Publication

A final, alternative method for service can be used if one of these other methods has been tried and failed. That method is service by publication, in which a notice regarding the action is placed in the newspaper in the county where defendant last resided.

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.