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North Carolina Divorce Attorney Fees - How Much Does A Divorce Cost?

The State of North Carolina still requires grounds for divorce , but they do offer one no-fault ground: "one-year separation". If any other reason is provided as grounds for divorce the Plaintiff must allege that the reason has existed for at least six 6 months.

North Carolina Divorce Laws

Residency Requirements The North Carolina Court System will not grant a divorce unless the parties have been legally separated for over a year and one of the spouses must be a resident of North Carolina for at least six 6 months prior to filing for divorce. Legal Separation is defined as living separate and apart. Fill Out your Forms To begin the action for divorce, one spouse must file a Summons and Complaint in either their own or their spouse's County District Court. The spouse who files the initial Summons is called the Petitioner, and the other spouse is now called the Respondent.

Once the Petitioner has filed the Summons and any other necessary forms the other forms for service change from county to county , he or she must then serve these forms on the Respondent. Once the Respondent has been served, he or she must then file a response with the same court within 30 days. If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement. The Divorce Settlement Agreement facilitates the division of property, assets, debts and liabilities as well as settle matters of child support, custody and visitation.

Unfortunately, the State of North Carolina does not offer forms online to start your divorce. You must go to your local County Clerk's Office and request assistance regarding your divorce.

Simple Divorce Clinic | Legal Aid of North Carolina

If the spouses can agree on the issues in their case, they can obtain a divorce in a little over a month. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.

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Uncontested Divorce in North Carolina. Learn about the uncontested divorce process in North Carolina. The Procedure for Uncontested Divorce Under North Carolina law, husband and wife must wait at least 30 days for a hearing following "service" of the divorce complaint on the non-filing party. Couples who wish to finalize their marriage at this initial hearing must submit the following documents: Judgment for Absolute Divorce Certificate for Absolute Divorce Separation Agreement and Property Settlement Contract Parenting Plan Requirements for Uncontested Divorce As the name indicates, an uncontested divorce is just that — uncontested.

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How Do I File for Divorce in North Carolina

Talk to a Lawyer Need a lawyer? North Carolina law is designed to encourage divorcing couples to reach agreements outside of court and to resolve their differences without the need for protracted and lengthy litigation. Consider some of the tangible benefits of getting an uncontested divorce. You may wonder whether a North Carolina no-fault divorce is the same thing as an uncontested divorce. In short, no. They are two different things.

A no-fault divorce just means that the parties do not need to allege grounds such as adultery, mental cruelty, abandonment, and drug or alcohol abuse in order to obtain the divorce.

Instead, they merely need to establish that they have lived physically separate and apart for at least 12 continuous months and that at least one spouse intended to separate. On the other hand, an uncontested divorce means that the parties are not litigating or going to court to fight over the terms of the breakup such as alimony , property distribution , child support or child custody.

Instead, they are reaching an out-of-court settlement regarding how the marriage will end.

  1. How Long Does a Divorce Take | Raleigh Divorce Lawyer.
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  4. North Carolina Divorce Laws - North Carolina Divorce Source.