how to file for divorce without a lawyer in nc

Filing for Divorce without an Attorney.

• Step 1: File the complaint and summons. You start the divorce proceeding by filing a complaint and a civil summons with the clerk of court’s office.
• Step 2: Serve the complaint and summons on your spouse.
• Step 3: Wait.
• Step 4: Schedule a hearing and prepare the divorce order.
• Step 5: Go to Court for the hearing.

Full Answer

How do you file for divorce in NC?

• Complaint for Absolute Divorce
• Domestic Civil Action Cover Sheet
• Civil Summons
• Servicemembers Civil Relief Act Affidavit

How to find a divorce record in North Carolina?

• Temporary driver’s license or state ID
• Most up to date utility bill with address listed
• Car registration address listed
• Bank statement address listed
• Pay stub with address listed
• W-2 form with address listed
• State weapon permit with address listed

How to prove adultery NC divorce?

The innocent spouse seeking damages must prove the following three elements:

• the innocent spouse is legally married to the adulterous spouse
• sexual intercourse took place between the adulterous spouse and a third-party individual (you can't sue a business, such as a "gentlemen's club" for criminal conversation)
• the sexual intercourse occurred during the marriage, not after separation, and

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What is the law for divorce in NC?

• You or your spouse has lived in North Carolina for at least 6 months prior to the divorce filing;
• You have been legally married to the other party; and
• You and your spouse have lived separate and apart (separate residences) for at least 1 year before the divorce filing; and at least one of you has no intention of ...

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

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, and you might end up needing an attorney for your case.

Can I file for divorce without an attorney 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 file for divorce in NC for free?

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.

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

$225The 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.

How can I get a quick divorce in NC?

Fast divorce without being separated first is not possible in the state of North Carolina. In order to qualify for a divorce, you and your spouse must live separately for at least one year prior to filing and you or your spouse must be a North Carolina resident for at least six months.

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.

Can I divorce 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.

Can you file for divorce online in NC?

in North Carolina. File for a divorce without an attorney in the State of North Carolina. If you are craving an easy solution to prepare your uncontested divorce forms quickly and for a competitive price, the North Carolina Online Divorce service is just what you need.

How long does a divorce take in NC?

45-90 daysHow long does a divorce take in NC? Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced.

How much is uncontested 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.

What is an absolute divorce in NC?

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.

Does it matter who files for divorce first in North Carolina?

When it comes to North Carolina, there is no need to sign anything in the first place. As long as someone has filed for the divorce (and met the one-year requirement), the divorce will be granted.

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.

Requirements for Uncontested Divorce in North Carolina

If you and your spouse have managed to resolve all existing issues between you two amicably, you can file for a no-fault divorce. North Carolina law has the following requirements:

Uncontested Divorce Process in North Carolina

Any divorce involves filing the forms, serving your spouse, and going through a waiting period. Each step has its own specifics and requirements, which at some point may seem somewhat overwhelming. We will help you wrap your head around these simple instructions in no time.

Filing the Forms for Uncontested Divorce in North Carolina

When going through a divorce, paperwork is unavoidable. But you can at least simplify the process by choosing online services.

Fees in North Carolina

Divorce has its price, but it doesn’t have to cost a pretty penny. Remember that if you can’t afford the fees yourself, you can ask the court to waive the filing fees by submitting the form “Petition to proceed as an indigent.” The judge will review your request and approve it if you qualify, allowed you to skip paying the filing fees.

Serving Your Spouse in North Carolina

As soon as the paperwork is submitted to the court, the next step is providing your spouse with copies (known as serving).

Waiting Period in North Carolina

The waiting period in North Carolina is 30 days after the non-filing spouse’s receipt of the divorce complaint before a hearing can be scheduled.

Hearing Request in North Carolina

When the waiting period is completed, the initial hearing will be scheduled by the court. If the spouses have no unresolved issues and the final documents are submitted to the court, the divorce process may be finalized.

How long does it take to get divorced in North Carolina?

North Carolina offers an expedited process of uncontested divorce following a 12-month separation. File the complaint, serve your spouse, and attend a hearing with the following documents: Complaint and Summons. Certificate of Absolute Divorce.

What to do if you cannot agree to a divorce?

If you and your spouse cannot agree on the major issues in how your marriage should be dissolved, you will probably need to hire an attorney to represent you in this complex divorce proceeding.

What are the main points of contention in divorce cases?

The major points of contention in most divorce cases involve issues of property division, child custody or spousal support. If you and your spouse fail to come to an agreement on these issues, you should know how North Carolina courts often rule.

What happens if my spouse doesn't respond to my divorce petition?

If your spouse does not provide any response to the divorce petition, then the judge will assume that the Respondent has abdicated any right to participate in the case. The judge will probably grant many or all of the requests by the petitioner regarding child custody, support and property distribution in the original Complaint. Following the judgment, you and your spouse are barred from making any additional property claims, although you both have the option to legally revisit issues regarding children.

What happens if a divorce is uncontested?

If the divorce is uncontested, the court will decide to grant the divorce following a hearing.

How long does it take for a spouse to file a divorce?

You and your spouse must agree to a Marital Settlement which must be filed within 30 days of serving notice.

How long does a divorce trial last?

Divorce Trial (Highest Cost) In cases where you and your spouse cannot agree on major issues, the judge will schedule a trial that could go on for several days. Hiring a well-qualified divorce attorney to defend you is usually in your interest, as your spouse will probably do likewise.

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 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.

How to get divorce in NC?

To reach this final termination of marriage, one spouse must file a divorce complaint with the Clerk of Court in the county of their residence. A divorce attorney may file the notice on behalf of a client. The county Sheriff (or a deputy) will then serve the divorce complaint upon the other spouse. In most cases a divorce notice is delivered by certified mail.After the couple has lived separate and apart for at least 12 consecutive months, either spouse may then file for a legal divorce. This is if at least one of the two, at the time of the separation, intended for the separation to be permanent.

How does divorce work in North Carolina?

But, in general, divorce in North Carolina proceeds as follows: 1. A physical separation of the couple. A married couple that decides to end their marriage and divorce first becomes separated.

What is the final decision of a divorce?

A judge hears testimony and arguments and then makes the decision for final divorce orders that she or he thinks are best for each individual. A judge will take recommendations from each spouse’s attorney before making a decision, but the judge’s decision is final. This is why it is best, if possible, to have matters resolved before heading to court. A divorce ends one’s rights to alimony and equitable distribution of property, for example, so those rights must be asserted before a divorce and, if possible, the couple should arrive at an agreement before they appear before the judge. Once the judge signs the order, you and your spouse are divorced. Each of you may remarry if you so desire.

What happens when you divorce your spouse?

A divorce ends one’s rights to alimony and equitable distribution of property, for example, so those rights must be asserted before a divorce and, if possible, the couple should arrive at an agreement before they appear before the judge. Once the judge signs the order, you and your spouse are divorced.

What happens if a judge signs a divorce decree?

Once the judge signs the order, you and your spouse are divorced. Each of you may remarry if you so desire. 5. Consider a Separation Agreement to cover child custody, asset division, and related matters.

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

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. Child support.

What should be done before a divorce?

Upon filing for a divorce, such factors as child support, spousal support, child custody and asset division come to the fore. Decisions and creation of agreements such as a child custody agreement in each of these areas should be made before a divorce goes to court. 3.

What happens if you divorce a married couple in North Carolina?

Whether you live in North Carolina or elsewhere, divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, ...

What are the grounds for divorce in North Carolina?

Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. North Carolina, like most states, has what are commonly called no-fault grounds for divorce, and two traditional fault-based grounds. To get a no-fault divorce in North Carolina you need to state in the Complaint for Divorce that “the parties have been living separate and apart without cohabitation for 1 year.” You must actually live apart, but isolated sexual relations during the 1 year period does not preclude a divorce.

What are the tax consequences of a divorce?

the tax consequences to each party, acts of either party to maintain, preserve, develop, or expand; or to waste, neglect, devalue, or convert the marital property or divisible property, or both, during the period after separation of the parties and before the time of distribution.

What is property division in divorce?

Property Division. A divorce involves dividing property and debts between you and your spouse. Generally, each party will keep separate property, which is property: acquired before marriage, or by inheritance or a non-spousal gift during the marriage, acquired in exchange for separate property, consisting of an increase in value of, ...

Is alimony required for both parties?

If it was the other party, alimony is required. If it was both parties, the court must decide the matter after considering all of the circumstances. Absent an agreement of the parties, the court will determine the amount, duration, and manner of payment of alimony after considering all relevant factors, including:

Does North Carolina have child custody?

Child Custody in North Carolina. If you and your spouse have any minor children, there will have to be a custody determination. This is a matter of determining how the children’s time will be divided between the parents, and how decisions will be made.

Can you divorce if you live apart?

You must actually live apart, but isolated sexual relations during the 1 year period does not preclude a divorce. There are two fault-based grounds for divorce: confinement for incurable insanity for 3 years, and incurable mental illness based on examination for 3 years.

What is an uncontested divorce in North Carolina?

An uncontested divorce means that you and your spouse agree on all the terms of your divorce before your divorce is finalized. Many couples choose this method because it is the cheapest and quickest means to ending a marriage. In North Carolina, a divorce is known as an absolute divorce. The word “absolute” carries no special meaning.

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

Before you can file for an uncontested divorce in North Carolina, you must have lived physically apart from your spouse for at least one year. Also, at least one spouse must have lived in North Carolina for at least six months.

How long does it take to get a notice of hearing from a divorce court?

The Notice of Hearing form must be delivered to the defendant at least ten days before the court date.

How long does a divorce have to be uncontested?

If the divorce is uncontested, the defendant does have the option to waive the 30-day period by submitting a Waiver and Answer form. The defendant would have to complete this form and file it with the Clerk of Court, also serving a copy on the plaintiff.

How long does it take to answer a divorce case?

The defendant has 30 days to file an Answer to your case. If an Answer is filed, you will be notified. If the Answer raises any issues or counterclaims, you now have a contested divorce and you should consider consulting an attorney.

Why do people get divorces without fault?

No-fault divorces are preferred because no specific reason or grounds must be given to get a divorce. You simply state you can no longer get along with your spouse, and you’ll be able to get a divorce. This is the route that people seeking uncontested divorces use.

What is fault based divorce?

This form of fault-based divorce centers around several possible forms of abandonment, cruel treatment, excessive use of drugs or alcohol, or adultery. This is considered a partial divorce. The spouses remain in the marital relationship, and they can’t marry someone else.