how to file for divorce in north carolina without a lawyer

How do you file for divorce in NC?

Jan 01, 2019 · To file for a divorce in North Carolina, either you or your spouse must currently live in North Carolina and must have lived in the state for at least six months before the divorce case is filed. Does my spouse have to agree to the divorce? No. As long as you are eligible for a divorce, your spouse does not have to agree to the divorce.

How to find a divorce record in North Carolina?

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. Once they have been accepted and approved, a judge will sign them.

How do you get divorced in NC?

Jun 04, 2015 · In Wake County, you will need to ask the clerk for a NOTICE OF ASSIGNMENT CARD. Check with your local Clerk of Court to determine whether or not you need to fill out this form. The cost of filing a divorce in North Carolina is $245.00 ($225 filing fee plus $25 motion fee). This is regardless of whether your divorce is without a lawyer or not.

What are the divorce laws in North Carolina?

Currently, North Carolina charges $225.00 to file for absolute divorce and an additional $10 for a resumption of one’s maiden name. After the petitioner pays or otherwise waives the fee due to financial necessity , they must file the original complaint and subsequent paperwork and receive an assigned case number.

How do I file for divorce in NC without a lawyer?

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 much does it cost to file for divorce in NC?

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.Jul 15, 2020

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.

What documents do I need to file for divorce in NC?

How do I file for divorce?A complaint, stating the facts of your case and your request for a divorce. ... A summons.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. ... You must pay the court filing fee.

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

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 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

Can you get a divorce without going to court in NC?

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.

Can you get divorced without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

How do I start the divorce process?

To start the divorce you will need to the following: File a document, called a Petition, to the Court to initiate the divorce process. Only one spouse can file for a divorce (the Petitioner). The other party is known as the Respondent. ... Apply for a Decree Nisi. Apply for a Decree Absolute.

How soon after filing for divorce are papers served?

The papers will be issued by the court then posted directly to your spouse at the address for service provided. It then takes the court about 2 – 3 weeks to issue and serve the petition on your spouse.Sep 23, 2020

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.

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.

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.

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.

Can I use North Carolina Online Divorce for my divorce?

Generally, if either spouse has lived in the where you intend to file, you can use North Carolina Online Divorce.

How does payment work?

Users will be charged the $139 document preparation fee to receive their completed divorce forms. After that, subscribers will be sent email reminders before each monthly charge.

What if I want information, but I'm not sure about getting a divorce at this time?

The information and law provided with each question, as well as the forms provided at the end of the process will provide a great deal of information about the law and process relating to getting a divorce.

What software programs will I need?

In order to view and print the forms, you will need Adobe Acrobat software which creates PDF files.

Can I change my answers later?

Yes. If you change your mind, make a mistake or if your spouse has changes, you can return to your account for a full 30 days to make changes.

How do I change my answers?

You can use the back button on your browser to return to questions you just answered.

Will my documents be reviewed by a lawyer?

No. North Carolina Online Divorce operates without attorneys. No lawyer will review the documents.

1. Determine whether you qualify for a financial fee waiver

If you qualify as indigent, the court waives your fees. You are generally indigent in North Carolina if you receive any of the following benefits:

2. Obtain and complete a form to petition as an indigent

Obtain a copy of the North Carolina Petition to Proceed as an Indigent ( Form G-106) through the North Carolina Courts website or from your county Clerk of Courts.

3. Prepare and file your divorce papers

To start a divorce proceeding in North Carolina, file the following documents with the Clerk of Court's office in your county:

4. Serve your spouse with the summons and complaint

North Carolina law requires people who file for divorce to notify their husbands or wives of their intentions. Service of process means paying to have the sheriff serve the documents on your spouse or paying for delivery by a professional courier or delivery service.