how to.get a divorce with no lawyer in.nc

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 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?

Jul 22, 2015 · You will have to pay a filing fee. The clerk’s office does not take personal checks, however, some will accept credit cards (for an additional processing fee. As of July 2015, the fee to file for a divorce was $225.00, $10 to resume your maiden name, and $30 for the sheriff to serve the complaint. Later there will be an additional $20 fee to ...

How to prove adultery NC divorce?

Online Divorce in North Carolina 100% Court Approval Guarantee Best price $139 File for a divorce without an attorney in the State of North Carolina. Let the North Carolina Online Divorce assistance service handle your uncontested divorce paperwork and get your ready-to-file forms in no time. Get Your Divorce Forms Completed Online

What is the law for divorce in NC?

Jun 04, 2015 · 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. The courts DO NOT accept personal checks. You may pay the filing fee in the form of cash, a money order, or a certified check made out to the Clerk of Court’s office in the ...

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 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.

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.Sep 1, 2019

Do I have to go to court for uncontested divorce NC?

If the spouses can agree, then there is no need to have a court decide what the couple has to do after a divorce. The spouses can use agreements and consent orders to finalize the terms of the separation. When the couple signs their separation agreement, the agreement is a binding document.

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 you get divorced 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 start the divorce process in North Carolina?

But, in general, divorce in North Carolina proceeds as follows:A physical separation of the couple. ... File a Divorce Complaint with the Clerk of Court in Your County. ... Enter mediation, if you think it will be an amicable divorce. ... A judge hears testimony and issues the final divorce order.More items...

How can I get a quick divorce?

Here's how to get an uncontested, quick divorce; Communicate with your spouse throughout the process. Find your marriage certificate before starting divorce proceedings. Find valid grounds for divorce and agree with your spouse. Ask your spouse to promptly complete and return paperwork.

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.

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.Oct 29, 2018

How long does uncontested 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 to start a divorce in NC?

You start the divorce proceeding by filing a complaint and a civil summons with the clerk of court’s office. Most clerks’ offices have forms and instructions. You can also get the forms from Legal Aid of NC.

How to get divorce if your spouse is not disputing?

Assuming your spouse is not disputing your divorce claim, the process is actually fairly simple. You arrive at court on the hearing date and wait until the Court calls your case. When it is your turn, if you are representing yourself, the judge will likely have you repeat the information from your complaint while you are under oath and then grant the divorce. So, you will testify that you were married to the Defendant on such-and-such a date in such-and-such a place and that you have been living separate and apart since you separated. Then you will hand the judge your proposed order, and the judge will probably sign it.

How long does a spouse have to respond to a complaint?

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. Or, your spouse may request an extension of thirty days from the court. (Extensions are perfectly routine; if your soon-to-be ex requests an extension, don’t worry about it.).

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.

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 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.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.

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.

What does the court want to see in a settlement agreement?

The court will want to see a fair settlement agreement that one or both of you have completed. You will both need to indicate that you approve of the agreement.

Can you file for divorce on no fault grounds?

This means that no specific reason for the divorce needs to be stated or that one spouse or the other needs to prove the reason the marriage no longer works.

So How Do You Get a Divorce In North Carolina?

So let’s assume you have thought through these issues, or maybe you even have a separation agreement in place, and you are ready to move forward with your divorce.

Some Nuances to Getting Divorced in North Carolina

There are a couple of other things that you should be aware of if you are looking to get a divorce.

How long do you have to live in NC to get divorced?

1. you must live separately for at least a year, and. 2. either of you must have lived in NC for at least 6 months. Most divorces are completed in 75 - 90 days. You can do it alone, but it's easier with help. In North Carolina you can also obtain your own divorce.

Can I get divorced in NC?

In North Carolina you can also obtain your own divorce. Most County Clerks Offices will work with you to some degree to create and file the paperwork for a divorce. However that method requires you to make multiple trips to the courthouse for things like filing out the forms, filing them, setting a hearing and attending the hearing.