how to get a divorce in north carolina without a lawyer

^{Filing for Divorce without an Attorney}

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.
2. Serve the complaint and summons on your spouse. Once the complaint is filed and the summons has been issued by the clerk of court, you will have to ...
3. Wait. Once your spouse has been served, depending on the method of service, he or she has approximately thirty days in which to respond to your complaint.
4. Schedule a hearing and prepare the divorce order. Once the Defendant has filed an Answer, or the time to Answer has expired, you can take the next step.
5. Go to Court for the hearing. Assuming your spouse is not disputing your divorce claim, the process is actually fairly simple. ...

How to file for divorce in North Carolina?

How to File For Divorce In North Carolina. 1 STEP 1: HOW TO START THE DIVORCE PROCESS. A divorce proceeding in North Carolina begins with the filing of a completed Complaint for Absolute Divorce ... 2 STEP 2: 3 STEP 3: 4 STEP 4: 5 STEP 5: More items

Can I get divorced after less than a year in NC?

However, your spouse must receive proper legal notice of the divorce case that you file. Can I get divorced after less than a year if I prove fault? No. Unlike some other states, North Carolina only allows for no-fault divorce, which requires at least one year of separation.

Does North Carolina have a no-fault divorce law?

No. Unlike some other states, North Carolina only allows for no-fault divorce, which requires at least one year of separation. What is required for a divorce based on incurable insanity?

Do you need a separation agreement in North Carolina?

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.

Can you get a divorce in North Carolina without an attorney?

Like many states, North Carolina offers “no-fault” divorce, which means neither party has to prove the other has caused their marriage to end. North Carolina also enables couples to execute a divorce without legal help.

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.

How can I get a free divorce 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.

Do you have to go to court for divorce in NC?

9. Do I have to go to court? Not necessarily. If you and your spouse agree on the divorce, we can handle the divorce claim without you having to go to court.

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.

How do 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 you do an online divorce in 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. Do you know the location of your spouse? Can you and your spouse agree to the division of property, debts and all child related issues?

How much is divorce papers in NC?

$225.00The 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 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 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 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.

How do you start a divorce process?

Procedure to be followed for a Mutual Divorce.Step 1: Petition to file for divorce. ... Step 2: Appearing before Court and inspection of the petition. ... Step 3: Passing orders for a recording of statements on oath. ... Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.More items...•

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 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.

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 .

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.

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.

When Can You Make Divorce-Related Decisions on Your Own?

The smoothest divorces happen when the spouses can remain civil toward each other and agree on major issues like custody, child support, visitation, and the division of assets.

When Do You Need a Divorce Attorney?

There are a few situations in which it can be very difficult to proceed without a divorce attorney. Some situations in which you should hire an attorney include:

In Summary

Though it’s possible to get a divorce without hiring an attorney, there are very few situations in which having an attorney won’t improve your situation. And between collaborative divorce, limited-scope representation, and mediation, there are several ways to get legal advice without committing to the cost of a trial.

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.

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.

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.

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.

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.

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.