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In order to obtain a divorce in North Carolina you must be separated for one year and one party must be a resident of North Carolina for at least six months directly preceding the filing of the action. Separation begins when you live separate and apart and at least one party has the intent of not continuing the marital relationship. You cannot be separated in the same house. It is not necessary for there to be anything in writing.
When you separate you may settle all marital issues either by agreement or by court action. Marital issues include issues regarding chid custody and support, spousal support, and property distribution. However, there is no requirement that you do so. If neither you nor your spouse has filed an action prior to the the divorce action and no agreement has been reached, it is in your best interest to see an attorney before proceeding further.
The divorce itself is an easy process. Many courts, including the Wake County District Court, have a divorce packet available to allow you to file your own divorce. However, before you do so, it would be best to research your rights to make sure that the self help doesn't end up being the costliest help you ever have. If you have not settled issues regarding property distribution or spousal support before your divorce is final, you waive your right to do so.
Assuming you ave researched your rights and have decided that you want to proceed with a divorce and no other issues, the process is simple.
1.Prepare 3 copies of a divorce complaint and summons and have the complaint
verified and notarized. Take the documents and the $90 filing fee to your county courthouse. File the papers.
2.Serve the papers on your spouse either by sheriff, certified mail, or other manner designated by statute.
3.File a proof of service with the court.
4.Thirty days after the other party is served, file a notice of hearing for the divorce.
5.Take 3 copies of a judgment with you to court on the day of the hearing.
6.Testify that the facts in your complaint are true and that you want a divorce.
7.The judge will sign your divorce judgment.
You can not obtain a divorce quicker than 12 months after separation, you cannot get a “quickie” divorce in a foreign country, you cannot divorce in another state unless you or your spouse actually moves there. On the other hand, you cannot prevent the other party from obtaining a divorce if the statutory factors have been met.
"Bender Law Offices also has extensive experience doing International divorces. These involve other issues that we will gladly explain to you over the phone if you call us.
Special Note to members of the military: Military personnel stationed abroad who wish to have a divorce in the US are not considered to be in the same category as International divorces. We can
help you find out about the law in North Carolina if you call us for further information.”
Some Frequently Asked Questions About Divorce
How Do I get Divorced?
In North Carolina you
must be separated for one year to obtain a divorce. Either you or your spouse must, also, have resided in the state for at least six months directly preceding the time you file for divorce.
What Do I Need to Do to Be Officially Separated?
You don't need
to do anything other than separate. Separation begins when you live separate and apart and at least one party has the intent of not continuing the marital relationship.
What Happens During that Year?
A lot of that is up to you. Many
people want to know what to expect and count on during this period of time. A family law attorney will be able to assist you in determining your rights and responsibilities from or to your spouse and help establish
a custody and child support resolution that is in the best interest of your children.
Do I have to Go to Court?
No. There are many different ways to resolve your matter.
A very common way is for you and your spouse to enter into a Separation Agreement. A separation agreement is a contract between you and your spouse which usually settles all matters between you. It can be tailored to fit your individual needs and desires. It is more flexible than a court order because you and your spouse determine its terms.
Mediation is a process in which parties try to reach a mutually acceptable agreement through a meeting or series of meetings.
There are many different types of mediation. A similar process to mediation is arbitration. In an arbitration, if parties are unable to reach an agreement the arbitrator will act as a judge and make the decision for the parties.
Why Should I go to Court?
An
out of court settlement requires an agreement between the parties. If one party is unable or unwilling to agree, the only choice is to let a judge decide. Sometimes there are complex issues which involve
true questions of law or fact which need the attention of the court. Also, when the emotions are high and a separation new, Court actions can help set up temporary measures for child custody or support and to
insure that one party can receive enough funds to be able to meet current living expenses, or hire an attorney, or determine which party is going to pay certain bills.
What Should I Do If There is Violence
Violence should never be accepted
or tolerated. However, only you can determine if there is a danger of imminent bodily harm.
The first thing any person must do in a violent situation is to remove yourself and your children from that situation.
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Copyright © 2005 Bender Law Offices P.C., All Rights
Reserved.
Divorce Lawyers, Separation Attorneys, Family Law,
International Divorce, Mediation, Agreements, Child
Custody, Court Services, Alimony, Domestic Violence,
Child Support, Property Distribution, Spousal
Support
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