where do you file divorce papers in nc without a lawyer

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.

Full Answer

How do you file your own divorce papers?

To apply for a divorce you’ll need:

• your husband or wife’s full name and address
• your original marriage certificate or a certified copy (and a certified translation if it’s not in English)
• proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll

Do both parties have to sign divorce papers in NC?

· A separation agreement is not valid in North Carolina unless both parties have signed and their signatures are notarized. · For it to be valid, the agreement must be signed at or after the parties' separation. · No one can compel a spouse to sign a separation agreement. An "agreement" means that both parties sign voluntarily.

How long does it take to get a divorce in NC?

• You and your spouse must be separated for a year before either of you can file for divorce.
• Either or both of you must have lived in North Carolina for at least six months before filing.
• After one party has been served with divorce papers, they have 30 days to file a response. ...

Do I need to file legal separation papers in NC?

You do not need a separation agreement, nor do you have to file any papers or documents to be separated in North Carolina. Having a separation agreement alone does not create a legal separation.

Can I serve divorce papers myself in North Carolina?

Serving Your Spouse in North Carolina 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.

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

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.

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

If you properly file and serve your spouse and they do not attend court, you may obtain divorce judgment. An uncontested divorce can be obtained in one hearing, whereas a contested divorce may require you to go to court multiple times over months or more than a year.

How can I get a quick divorce in NC?

Can I get a quick divorce in NC?You and your spouse must be separated for a year before either of you can file for divorce.Either or both of you must have lived in North Carolina for at least six months before filing.After one party has been served with divorce papers, they have 30 days to file a response.

Can I 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.

Do it yourself divorce North Carolina?

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 get divorced without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

How can I get a quick divorce?

By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed—especially in a state with a short residency period—you can get a quick divorce. The benefits of a quick divorce are that it saves money on legal fees and it saves a lot of stress.

How long does a simple divorce take in NC?

about 45-90 daysAs a general rule, a simple divorce can take about 45-90 days to finalize after it has been filed with the courts. Divorces in which spouses cannot agree on issues such as child support or child custody will naturally take longer.

How long do you have to be separated before divorce in NC?

one yearHow do we get divorced? One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent. When those two requirements have been met, either party may file for an absolute divorce.

How can I pay for a divorce with no money?

Some of the funding options available include;Legal Aid. Legal Aid for divorce is now only available for a limited number of extreme cases. ... Help with Court Fees. ... Funding from your partner. ... Legal Services Provision Order. ... Maintenance. ... Sears Tooth Agreement. ... Borrow Money from Family. ... Litigation Loans.

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.

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 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 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.

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

Specifically, you or your spouse must have been separated for at least one year and lived in North Carolina for at least six months ...

How long do you have to wait to file divorce papers?

You must wait a full 30 days after the date your spouse is served before you can go forward with your case. The 30 days allows your spouse an opportunity to respond to or "answer" your divorce papers. You can contact your local sheriff's office or the process server to find out the exact date the papers were served.

How old do you have to be to serve divorce papers?

A copy of your divorce paperwork must be delivered ("served") to your spouse by the a sheriff in your county, licensed process server, or non-party over the age of 18. You'll need to pay the sheriff or process server a service fee unless your fee is waived.

How long to serve notice of hearing for divorce?

You will fill in the hearing date and time on the Notice of Hearing and serve a copy of the form on your spouse at least 10 days before the hearing date. You may serve this form by First Class U.S. Mail, using a process server, or asking the Sheriff's Department to handle it.

How many copies of all forms do you need to notarize?

Do not sign the forms that require notarization until you are in front of a notary. After completing all the forms, make at least two copies of everything. The court will keep one copy, one copy will be delivered to your spouse, and you will want to keep at least one copy for your records.

Where to return notice of hearing?

After you confirm your spouse has been served and you have the date of service, you should return a blank "Notice of Hearing" to the Clerk's Office. The clerk will then schedule a date and time for your divorce hearing.

Who is the person asking for divorce?

The person asking the court for a divorce is the plaintiff, and the spouse responding to the divorce request is the defendant. Some of the forms must be signed while you are in front of a notary public. Do not sign the forms that require notarization until you are in front of a notary.

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 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 separate before filing for divorce in North Carolina?

Kind in mind that parents must separate for at least 12 months before filing for divorce, even in cases involving domestic violence. Custody X Change is software that creates customizable parenting plans and schedules you can file with the court. Yes, Make My North Carolina Plan Now.

How to serve a child's papers?

You have several options for serving, but you cannot simply hand the papers to the other parent. You can serve by registered mail and request a return receipt. First, sign an Affidavit of Service in front of a notary. You can also hire the sheriff's office to serve the papers for $30.

What to do if you don't know where your parent lives?

— you may hire a private process server. Lastly, if you don't know where the other parent lives, the court may let you post a weekly notice in a newspaper.

How long does it take to respond to a parent's lawsuit?

When the parent files their response, they must serve you with a copy. If it includes counterclaims or new claims, you have to reply within 30 days.

Can you file custody X change in North Carolina?

Custody X Change is software that creates customizable parenting plans and schedules you can file with the court. Yes, Make My North Carolina Plan Now.

Can you file for custody without an attorney?

When all else fails, you can litigate in court. If you choose to settle or litigate without an attorney, follow the steps below to file for custody. If you have an attorney or use an alternative dispute resolution method, the person you hire will likely file for you. Kind in mind that parents must separate for at least 12 months before filing ...