how to get divorce in nc without a lawyer

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

More items...

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 ...

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 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 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 fast can you get a divorce in NC?

How 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.

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 start the divorce process in North Carolina?

Steps for Separation and Divorce in North CarolinaA 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.

Can you get divorced online 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 does divorce cost in NC?

Average Cost of Divorce in North Carolina The 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 do you start a divorce process?

STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.

Does North Carolina require separation before divorce?

In NC you must be separated for at least one full year before you can file for divorce.

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

Do I have to be separated for 2 years before divorce?

Anyone seeking a divorce must satisfy one of the five grounds for divorce to prove that a marriage has broken down irretrievably, one of which is two years' separation with consent.

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.

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.

Is a DBB divorce?

In spite of the confusing name, a Divorce from Bed and Board (a “DBB”) is not a divorce. A DBB is a court-ordered separation. DBB orders are available only under limited circumstances where the spouse requesting the order can prove serious fault, such as adultery or drug abuse.

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 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.

How to get divorce without a lawyer?

Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.

How to get divorce papers?

Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.

How long do you have to be a resident to file for divorce in South Dakota?

Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.

What happens if you divorce your spouse?

If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

What do you need to fill out a divorce petition?

A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.

What happens if you are not happy with the divorce decree?

After the court hearing and final decision, if you are not happy with how the divorce decree came out you may be able to appeal the decision. The purpose of an appeal is to give another court the opportunity to look at the trial court's decision in order to determine if there was any legal error.

What is a divorce decree?

A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.

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 do you have to wait to file for divorce in NC?

According to NC divorce laws, in order to file for an Absolute Divorce you must wait until you and your spouse have been separated for one year and one party must have resided in North Carolina for six months prior to the filing of the action. Related Article: I’m In A Hurry: How Fast Can I Get Divorced?

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

What are the grounds for divorce in North Carolina? 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.

What does a complaint state in a divorce?

In the complaint you must also state whether or not there are children born to the marriage.

How are assets divided in NC?

In NC divorces, assets are typically divided by equitable division (which could be a 50/50 distribution of assets if that is considered equitable). In some cases, courts divide assets by community property division (where both spouses get ownership).

Do you have to see a lawyer before filing for divorce in North Carolina?

However, you should see a lawyer prior to filing for divorce to make sure there are no other viable claims that you wish to pursue . In North Carolina, if you are granted a divorce (i.e. the judge signs the divorce papers) then your claims for alimony and equitable distribution are barred.

Can you add alimony to a divorce action?

An Absolute Divorce action does not decide the issue of maintenance. If you want to add the claims for post-separation support and alimony, you can, but an Absolute Divorce action alone is not enough.

Can you get divorced in North Carolina?

In North Carolina, divorce can be obtained whether or not both parties want a divorce. As long as you have been separated a year and one of the parties has been a resident of North Carolina for six months prior to the filing of the action, then you can obtain a divorce. Consent by both parties is not necessary in North Carolina.

What is an Uncontested Divorce?

An uncontested divorce, sometimes called an amicable divorce, means that both parties in the divorce agree on all matters: terms (child/spousal support), distribution of assets, and custody. Nothing is being contested.

Can You Get an Uncontested Divorce Without a Lawyer?

Now that you know uncontested divorces aren’t litigated, you may be wondering if you can handle it yourself. While you certainly can complete an uncontested divorce without the help of an attorney, it’s not advisable.

The Procedure for Uncontested Divorce in North Carolina

Since North Carolina does not require couples seeking a divorce to formally separate, you do not need to file a formal separation with the state. You do need to have been living separately with no intent to reconcile for at least one year, however. Once you have met that requirement, the procedure is as follows:

Consult with Doyle Law Group for Assistance With Your Uncontested Divorce in Raleigh

While divorce is never easy, we can help alleviate some of the stress. We’ve guided Raleigh couples through a divorce for over 20 years so whether you need guidance in drafting your agreement or completing the forms required by the state of North Carolina, the attorneys at Doyle Law Group are here.

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.

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.