North Carolina divorce details
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Uncontested vs Contested Divorce in North California
Uncontested Divorce is one of the traditional ways of the marriage termination. It lasts approximately 12 months depending on the case. The couple signs a Separation Agreement. The court recognizes the presence of both spouses and grants the only one true verdict for the current case. In North California, if the couple has had a separation period for nearly a year and has no claims to each other, such a divorce is also called an absolute divorce, meaning that the couple is going to be legally divorced. In the Contested Divorce procedure the principal disadvantage is that a couple can’t find an agreement regarding the most significant issues mentioned above. The Contested divorce usually takes place when a couple has the general business, estate, shares in various companies, etc. In such cases, it is really hard to divide the wealthy property fairly, so the third person, for instance, the attorney, can help the spouses to get an agreement. If the situation with the Contested divorce is too confusing, the Superior Court appoints several hearings and stipulates the mediation process.
Anyway, these two divorce types are greatly diverse, and you should choose that one, that is the best especially for your case.
Uncontested Divorce in North Carolina
As we have reviewed above, this type of the divorce process is the most relevant for the amicable separation. The Uncontested Divorce has its grounds, such as:
- the abandonment
- the cruel behavior towards one of the spouses or children
- the enormous usage of alcohol/drugs of one of the spouses
- the adultery
- the constant absence of one of the spouses
These and other grounds are examined when the Court stipulates a Final Judgement. As a rule, the Uncontested Divorce has several steps. Let’s have a more detailed look at them.
First of all, the couple (a Petitioner and a Defendant) fills the court documents, concerning all the divorce aspects, then one of the spouses notifies another one that the divorce process has begun and serves another spouse with all needed documents for the court. The next step will be to stipulate a court hearing. The judge schedules a particular date for your case. The next measure will be to go to the court hearing and put your mark on the Final Judgement Certificate (Final Decree).
Residency Requirements to file for the divorce in North Carolina
According to the North Carolina legislation, there is only one central requirement for the divorce couples Here it is:
- One of the spouses should have been living in the North Carolina State for at least six (6) months before the couple decides to designate the Petition for the divorce. For example, if you have lived in North Carolina for 6 months and then moved to another state for some time, although you will be considered a resident of the North Carolina State. But if you are anxious to change your location permanently, your residence in North Carolina is, unfortunately, annulled (North Carolina Statutes - Chapter 50 - Sections: 50-8)
You should be extremely careful with the residency requirements of any state, not only the North Carolina one because one tiny mistake and your deal is rejected.
How to file for an Uncontested Divorce in North Carolina?
It may seem to be troublesome enough to file with the court, but it is not the truth! The preparation of the documents is a pressing proceeding, but not a critical one. Letus explain it to you.
Firstly, you sign the Petition to the court for the divorce process. Then you have to be sure that you meet all the residency requirements and you have lived in the North Carolina State not less than 6 months. The next stop will be to file the summons on your spouse. You have to take his/her allowance for filing the documentation for him/her. You can transfer your spouse all the papers by post or email, or, if you are able to do it, you have to deliver them by yourself. After you serve your spouse will everything wanted, he/she has thirty days to write you an answer for your Petition. He/she can also do it by post or email. Don’t neglect to make all copies of all the documents. It is better to make 2-3 copies of each document. After that, you should go to the divorce hearing or the mediation if your case is a Contested one. You may take an attorney to represent your interests in the court or you can do it on your own. By the way, the preparation of the documents should also be done by a distinctive website online to save your time and money. The final step will be to be present at the divorce hearing and answer all the questions that the Judge asks. At the Final Judgment all the controversial questions should be resolved, and finally, you will be conferred a Divorce Certificate.
DIY Divorce in North Carolina
Do It Yourself Divorce, as we have already acknowledged, is the special divorce process, during which you don’t need to ask for the help of the attorney. You prepare for the court hearing by your own efforts. Indeed, it is really cheap, because you have no extra spendings, your money is only yours. To the contrary, you can make many mistakes both in documentation and self-representing in the court. If you have no experience in the divorce process in general, you’d better ask for the help of the online preparation of the documents to master inaccuracy in forms. As for the convenience, we can characterize it to be rather risky. In toto, it is your case and you decide which way of getting the divorce to choose.
How much does an Uncontested Divorce cost in North Carolina?
As usual, the common price of the Uncontested Divorce in the North Carolina State is approximately $10 000. It changes according to the case, the number of children in the family, the number of mediation processes, etc. Here is the list of the price elements:
- the legal fee for the divorce
- the fee of a child or spousal support
- the fee for the mediation process
- the fee for the court hearing
- the fee for the preparation of the documents (online or with the help of the attorney)
- the additional fees for the Court Friend, witnesses, third persons ( if required)
All these factors are significant for the total price of the divorce procedure. You should draw attention to the particularly your case and be ready for fee changes.
How Long Does It Take to Get Divorced in North Carolina?
In the North Carolina State, the duration of the Uncontested divorce is approximately 6 months. It involves all the steps and additional time for several issues like a postponed court hearing or else. The Contested divorce requires much time, and the issues can vary, according to your case. It usually lasts for 12-14 months. The court makes a final decision about all the terms regarding the divorce process.
Papers and Documents You Need to Get a Divorce in North Carolina
In the North Carolina State, there are a lot of different documents and forms of the divorce procedure. Anyway, it doesn’t mean that you need all of them for your case. According to your case/county, the documentation may diversify. Here are the most likely to use documents:
- Complaint about Divorce
- Domestic Action Cover Sheet (AOC-CV-750)
- Civil Summons ( AOC-CV-100)
- The Petition to Sue/Appeal as an Indigent (AOC-G-106)
- Notice of Hearing
- Certificate for Absolute Divorce
- Judgment of Divorce
- Affidavit of Service of Process by Registered or Certified Mail (DHHS 2089)
If you choose the online preparation of the documents, you should be certainly sure that our specialist have a lot of experience in this sphere and you will have 100% court approval or your money back.
NB! Remember that you can’t send to the court documents online! You can order and print them from the website.
How to serve your spouse in North Carolina
Well, in the North Carolina State, it is rigorously forbidden to deliver your spouse any official documents by yourself! In order to provide your spouse with the paper kit, you should use the Sheriff Service or send a certified email to your spouse. The help of the Sheriff is the easiest way to provide your spouse with the official forms. The cost of the Sheriff service will cost you $30 00. When the Sheriff delivers the documents, he/she signs the notice that he/she committed the delivery in time and another spouse finally got the required documents.
Online Divorce in North Carolina
Online Divorce is a measure, that permits you to prepare all the papers for the court without any additional hidden fee or valuable help of the attorney. Everything is rather simple:
- You order the documents you need on the particular website
- You pay a preparation fee
- You wait for a day
- You obtain all the forms that are already prepared
- You print the forms and go to file with the court
The mission is completed. With the online divorce, you will save thousands of money and take the ready documents in a day after the ordering. We have lots of delighted and grateful clients, furthermore, the lawyers with years of experience recommend our service due to our responsibility and rapidity. It sounds great, doesn’t it?
Rules for child support in North Carolina
In the North Carolina State, you don’t have any stipulations or preferences regarding the child support. The court will make the decision according to the child’s convenience only. There are several issues that must be taken into account while you are dealing with the child support:
- the health state of both parents
- the material state of both parents
- the future perspectives of both parents
- the location of both parents
- the number of children
the age of the children. There is a notion called the physical custody. It means the child’s place of living with a particular parent after the divorce procedure. The physical custody includes the majority of the expenses for the child and the total care. In the North Carolina, the parents support their children until they are 21 years old. After this age, a child is considered to be an adult, and both parents are not liable to support him/her financially no more. Grandparents also have rights to visit and support the child as long as they are willing to do it.
Rules for spousal support in North Carolina
The spousal support is an indispensable part of the whole divorce process. After the divorce procedure, the spouses can have a far another material state, therefore one spouse can definitely need a spousal support (alimony). There are lots of factors influencing the court decision towards the spousal support, let’s see them:
- the marital behavior of both spouses
- the income of both spouses
- the age and the physical limits of both spouses
- the term of the marriage
- the living standards of both spouses
- the level of education of both spouses
- the debt rate of both spouses
- the tax rate of both spouses
If the spouses have already come into the agreement, the judge will notedly check how far this support is.
Division of property in North Carolina
The property division is also considered to be an integral part of the divorce process. Sometimes it is really hard to stipulate what property is marital and what property is separate. Marital property is the property which was got together by the spouses during their legal marriage. Separate property is an individual property of each spouse that was inherited, bought or received before the registration of the marriage. These factors are also influence the property division:
- the duration of the legal marriage
- age and physical state of both spouses
- income of both or spouses
- each spouse’s financial situation
- child custody terms
- the current value of the property
- the individual debts of both spouses. All these factors can be crucial regarding the property division between the spouses, but the court takes into account all the tiny details.
Divorce Mediation in North Carolina
Mediation is a process which helps both spouses to agree on the questionable items and terminate the legal marriage with no misunderstandings. If you and your spouse have a Contested divorce, you will 100% have the court mediation process. The third party (a lawyer or another legal body) plays an important role in the negotiation process and clearly realizes the real situation. The court stipulates the date of the mediation process, you and your spouse come to such a procedure and solve all your issues. This process is truly needed for the fairer and faster agreement of both spouses.
How to divorce a missing spouse in North Carolina
If you need first to find your spouse and only after that get a divorce, you should remember that all the documents you can deliver to him only by the Sheriff or by email. You have to ask all his/her relatives of his/her location, ask the police about any information about your missing spouse, finally, you need to point in the local newspapers about his/her absence. The process is rather complicated, but anyway, the court will grant you the Divorce Certificate without your missing spouse if both you and legal bodies fail to find him/her.
The Default Divorce in North Carolina
Default divorce is a process when one of the spouses does not want to sign both the Petition for the divorce and the other necessary for the divorce documents. The procedure itself will take place even without the agreement of the other state, but it can significantly make the deal worse. The Default divorce usually has the same grounds as the Uncontested Divorce but will cost you more due to the issues you need to solve. In North Carolina, the waiting period is usually appointed by the court. It is in average six (6) months. The Final Judgment will be the final step of the whole procedure.
Default vs No-Fault Divorce in North Carolina
As we have already pointed out, the No-Fault divorce needs fewer efforts than the Default one. The Default divorce includes some misunderstandings and therefore the Default divorce can be longer than the No-Fault one. The fee for both divorces can also vary. The No-Fault divorce is much cheaper than the Default one, as we have agreed above.
How can I get a Default Divorce Hearing in North Carolina?
For the first time, the Petitioner files with the court in the special county he/she lives. Then both spouses should file for the court all the valid documents for especially their case, according to the jurisdiction of the particular county. The Petitioner provides the Defendant with all the copies of the documents. After the preparation of all papers, the court approves or rejects them. The following step for the court hearing will be to appoint the particular waiting period and the date of the first hearing. All the following divorce process depends on the court decision.
Annulment of the marriage in North Carolina
The annulment of the marriage means that the legal marriage has never been. There are some grounds for the annulment of the marriage in the North Carolina State:
- the marriage process was a frauded
- the age of one of the spouses (under 18)
- the illness of one of the spouses
The court will look at the very single issue to make a right decision regarding especially your case.
Legal Separation in North Carolina
In the North Carolina State, the couple is legally separated since they started to live separately, in different houses. If the spouses live in the same house/flat but insist that they live independently, such a separation is not true. The court will not take such a type of the legal separation into the account. In the state of North Carolina, the spouses have to live separately for one year before the legal divorce proceeding. You do not have to make a separation agreement or some other document for the legal separation.
The Same-Sex Divorce in North Carolina
In the North Carolina State, since October 2014, the Same-Sex marriages and divorces are legal. The Same-Sex couples have the same rights as the traditional families and can have absolutely the same divorce procedure. The grounds, stipulations, and rules are the same as well.
Military Divorce in North Carolina
The main divorce procedure with the military spouse should meet all the state requirements as any other regular divorce. You will need a Sheriff to provide your military spouse with all the documentation, or you can do it by post as well. If you cannot easily reach your military spouse, you can ask his/her commander to deliver the documents or claim to the court about the current situation with your military spouse.
How to divorce a spouse in a jail in North Carolina
The spouse, who is presently in a jail, may also get the necessary papers for the court by the post or certified email. Not personally! The process of the divorce with the spouse in a jail matches all other divorce criteria.
Divorce filing fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a fee be waived?
In North Carolina, for the fee waiving process you need to claim to the court that you have not enough money for the divorce procedure. You should attach the certificate of your monthly income and complete an Affidavit for the court hearing. The may reject it or accept, depending on your state.
How we can help
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