Do-it-yourself divorce is when you go through the divorce process without the help of an attorney, meaning that you prepare for the court hearing by yourself. Representing yourself in a divorce is legal in North Carolina, though it is not recommended for contested divorce cases. If the case is uncontested, many couples seek alternative and inexpensive ways to arrange the marriage termination. In an uncontested divorce, the main issue of the process is the paperwork.
Full Answer
Do-it-yourself divorce is when you go through the divorce process without the help of an attorney, meaning that you prepare for the court hearing by yourself. Representing yourself in a divorce is legal in North Carolina, though it is not recommended for contested divorce cases. If the case is uncontested, many couples seek alternative and inexpensive ways to arrange the marriage …
for divorce in North Carolina IF the Plaintiff spouse has been a resident of North Carolina for at least six (6) months prior to the filing. The couple must have lived continuously separate and apart, where at least one person intends for that separation to be permanent, for at least one (1) year and one (1) day before the divorce can be filed.
Do It Yourself Divorce Guide provides step-by-step guide to obtain an absolute divorce in North Carolina. If you’re looking for more hands on assistance with your divorce, visit our “ Do It Yourself Divorce ” service for how-to’s, forms, and attorney assistance. You’re looking to get a divorce. You don’t know the documents needed for divorce, the timelines and schedules you’ll …
You can find the name of an attorney by consulting your local telephone directory or the North Carolina Lawyer Referral Service at 1-800-662-7660. If you cannot afford an attorney, you may be eligible for advice or assistance from Legal Aid of North Carolina at 1-866-219-5262. No one except an attorney can advise you of your legal rights.
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. You can use one of the following methods of service: Service by sheriff.
Couples who wish to pursue an uncontested (simple) divorce can do so by filing a "no-fault" divorce. In a no-fault divorce, the law doesn't require either spouse to prove that the other person caused the breakdown of the marriage.
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.
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.
Unfortunately, there is no legal way to avoid this divorce requirement in North Carolina, though there may be exceptions. Some choose to falsely claim that they had been separated for one year on their divorce complaint just to get divorced as soon as possible. However, it is not advised to do that.Jan 1, 2020
Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.
As long as you and your spouse are in agreement and meet the requirements to get divorced in the state, to begin the process you can fill out the appropriate divorce papers, online or otherwise and file them with your county clerk.
If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse. This is called a Motion to Serve by Publication or Posting.
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.Jul 15, 2020
5 Mistakes To Avoid During Your SeparationKeep it private.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.Oct 19, 2016
In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce. There is no need to have a separation agreement or file anything with a court for the legal separation to take place.
You can expect to pay around $225 for the documents and filing fees. If you have an amicable or "uncontested" divorce, then you will file the documents and may not need much additional time with an attorney.Jul 15, 2020
Unfortunately, there is no legal way to avoid this divorce requirement in North Carolina, though there may be exceptions. Some choose to falsely claim that they had been separated for one year on their divorce complaint just to get divorced as soon as possible. However, it is not advised to do that.Jan 1, 2020
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.
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.Jan 17, 2020
Couples who wish to pursue an uncontested (simple) divorce can do so by filing a "no-fault" divorce. In a no-fault divorce, the law doesn't require either spouse to prove that the other person caused the breakdown of the marriage.
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.
North Carolina law doesn't permit legal separation. Couples who wish to end their marriage in the Tar Heel State must file a petition for an absolute (no-fault) divorce (after one year of separation) or file for a divorce from bed and board (fault divorce) using one of the state's legal grounds for divorce.
Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.
A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.Oct 6, 2021
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.Jan 27, 2020
In case you wish to file for a divorce before this one year, you will have to go for a contested divorce and make your grounds very clear to the court. In some dire cases, such as torture, harassment, and other hardships, the court will grant a divorce even before the one-year mark.May 20, 2020
Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties' separation. It is not required for a divorce in North Carolina, and it doesn't make a divorce in North Carolina easier or more difficult to obtain.
In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce. There is no need to have a separation agreement or file anything with a court for the legal separation to take place.
In North Carolina, the courts will divide property in a way that is equitable, or fair. The court will assume that dividing the marital property evenly, 50/50, is what is most fair. This is true unless the court determines that dividing the assets equally is not fair.Mar 19, 2018
If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.
If you cannot afford an attorney, you may be eligible for advice or assistance from Legal Aid of North Carolina at 1-866-219-5262. No one except an attorney can advise you of your legal rights.
You have been separated from your spouse for at least 12 months. You are not interested in ever receiving alimony or spousal support. You are not interested in ever having property or debts from the marriage divided between you and your spouse. Use these forms at your own risk!
Equitable distribution of marital property (dividing things that you and your spouse both own together such as vehicles, houses, bank accounts, insurance policies, home equity, and other personal property; and also dividing debts that you and your spouse owe) If you want these rights, you need to talk to a lawyer.
DIY Divorce is your online divorce lawyer replacement for so you can file for divorce on your own. We won’t charge you an arm and a leg and we promise to take good care of you throughout your divorce. We’ll walk you through the drafting and negotiation of your separation agreement, help you with your divorce and, if things get ugly, help with the court process. No matter what issues you face, we’ll provide the answers you need, the required forms, and a wealth of educational material.
DIY Divorce saves you money (lots of money) compared to hiring a lawyer for traditional representation because you file for divorce on your own. You’re the one making things happen with DIY Divorce by your side to help you avoid mistakes, direct you to the resources you need, and find the answers to your questions.
Instead of paying expensive lawyers and paralegals to plug your financial information into forms, you do it yourself. Instead of paying legal staff to run documents to the courthouse or to your spouse, you do it. We provide the education, forms, and advice and you do the rest.
You could stay in a miserable marriage and try not to dwell on it, but that’s not good for you or your children. Or, you could try getting a divorce without a lawyer by patching together some internet forms and negotiating a deal.
Download the packet. Filing for divorce affects your rights to property division, spousal support, and alimony. You could lose important rights by filing for divorce. If you wish to pursue property division, spousal support, or alimony, you should consult with a private attorney to discuss your legal rights before filing.
Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity.
Zoom: To participate using Zoom, use the listing below to register for the clinic you are interested in. You do not need a Zoom account to participate in the clinic. Once you register, you will receive an email containing a link to the Zoom presentation. When the clinic starts, click the Zoom link to join.