how to file nc divorce papers without an attorney

How do you file your own divorce papers?

Jan 01, 2019 · How do I file for divorce? To file for divorce, you must file the following documents with the clerk of court in the county where either you or your spouse lives: A complaint, stating the facts of your case and your request for a divorce. The courts do …

Do both parties have to sign divorce papers in NC?

Online Divorce in North Carolina. 100% Court Approval Guarantee. Best price $139. File for a divorce without an attorney in the State of North Carolina. Let the North Carolina Online Divorce assistance service handle your uncontested divorce paperwork and …

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

Dec 05, 2021 · A divorce proceeding in North Carolina begins with the filing of a completed Complaint for Absolute Divorce with the Clerk of Court’s office in the county where you reside. You must also provide the following documents. Domestic Civil Action Cover Sheet; Civil Summons; Make at least two copies of all submitted documents.

Do I need to file legal separation papers in NC?

2. File a Divorce Complaint with the Clerk of Court in Your County. The next step in how to get divorce in NC is to obtain an absolute divorce. To reach this final termination of marriage, one spouse must file a divorce complaint with the Clerk of Court in the county of their residence. A divorce attorney may file the notice on behalf of a client.

Can I file for divorce without a lawyer in NC?

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.

How do I file an uncontested divorce in NC?

Requirements for Filing for an Uncontested Divorce A divorce involves filing a divorce complaint with the family court. Couples who agree to do so can waive the 30 days after service of a divorce and waive their right to file an answer to the complaint.

Do I have to go to court for uncontested divorce?

An uncontested divorce usually takes less time because there is no need for you or your spouse to go to court and argue the case. If you have minor children, finalizing the divorce this way would be ideal.Jun 11, 2020

How much does a uncontested divorce cost in NC?

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

How much does a simple divorce cost in NC?

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

Can I file my own separation agreement in NC?

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.

Can you file for divorce online in NC?

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.

Can you get a quick divorce?

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

How do I start the divorce process?

How to start a divorceStep 1 – Can you do it yourself? It is possible to handle your divorce yourself, without legal advice. ... Step 2 – consult a family lawyer. ... Step 3 – Go to court. ... Step 4 – Self-care.Mar 5, 2020

Can you get a divorce without a lawyer?

Yes, you can get a divorce without a lawyer. Most people do not use a lawyer when they are getting a divorce. This is especially the case when the divorce is reasonably straightforward. ... However, a divorce order only ends your marriage. It does not include arrangements for your children or your finances.

How do I get a divorce in NC without waiting a year?

Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.Jul 12, 2019

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 long does it take to get an uncontested divorce in NC?

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.

Is NC A 50/50 divorce state?

In most North Carolina divorces, property will be divided 50/50 between spouses. However, the following factors may be taken into account to ensure the equitable distribution of property: ... Contributions by one spouse to the other's education.Jul 23, 2019

How long after divorce can you remarry in North Carolina?

Divorce on the Grounds of AdulteryStatePost-Divorce Remarriage Waiting PeriodNorth CarolinaNoneNorth DakotaNone as long as stated in DecreeOhioNoneOklahomaMarriage is voidable if within 6 months47 more rows

Can you expedite a divorce in North Carolina?

If you want to get over with your divorce as quickly as possible, you may be wondering how to skip, bypass, or avoid the mandated waiting period. Unfortunately, there is no legal way to avoid this divorce requirement in North Carolina, though there may be exceptions.Jan 1, 2020

Can you legally separate in North Carolina?

A separation agreement or other written document is not required to be legally separated in North Carolina. To be considered separated from your spouse, you need to be living in different homes, and at least one of you needs to intend that the separation be permanent. In general, you are not legally separated if your relationship has ended ...

What is a separation agreement?

A separation agreement includes agreed-upon terms dealing with various issues related to the separation, such as which spouse is responsible for certain bills, whether one person will continue to live in the marital home, or where the children will live .

How long do you have to be separated to file for divorce?

You are eligible to file for divorce, also called an “absolute divorce,” only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.

Is alimony included in gross income?

Beginning on January 1, 2019, and affecting alimony granted through a separation agreement signed after that date or a court order entered after that date, alimony is no longer included in the calculation of a dependent spouse’s gross income.

What is a complaint in divorce?

A complaint, stating the facts of your case and your request for a divorce. The courts do not provide a standard form for the complaint. If you intend to file for property division or spousal support, you must include all supporting facts and your requests in your complaint. A summons.

How old do you have to be to file for child support?

Similarly, parents can file at any time for child support for children under 18 (or still in high school and under age 20), regardless of marital status.

Can you enforce a separation agreement?

If your separation agreement was included in a court order, such as your divorce decree, you can ask the court to hold the person in contempt of court (see above). If not, you can enforce your separation agreement by suing your former spouse for breach of contract. An attorney can assist you with this process. Tagged.

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 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.

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.

Does North Carolina have a divorce mediation service?

The state of North Carolina encourages couples who are considering a divorce to use mediation services. Mediators are independent, conflict resolution professionals with expertise in resolving personal issues. Although they may not have the legal authority to force a couple to remain married, mediators often produce compromises that minimize animosity and expedite the divorce process. A court may appoint or recommend a mediator prior to or during a divorce proceeding.

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.

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.

What is contested divorce?

Contested divorces typically involve attorneys for both parties. Most divorce attorneys charge substantial legal fees in a contested divorce procedure due to the added time and effort of participating in a trial. Attorneys are likely to engage in discovery where they will investigate you and your spouse’s claims.

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 to file for divorce without an attorney?

To file for divorce without an attorney, talk it through with your spouse beforehand, if you can, to divide up assets and debts and discuss custody of children, if you have any. Go online or visit your county clerk's office to get the forms you'll need, like the petition for divorce and summons.

Where to file divorce petition?

File the necessary forms with the clerk’s office. This is the first step to formally placing your divorce petition on file with the court. The clerk’s office will require you to file a certain number of copies of the documents, along with the original documents.

What to do if you cannot agree on a divorce?

If you cannot agree, you are likely to need the assistance of an attorney to protect your interests. Decide if a pro se divorce is appropriate for your situation. While some situations are easily handled on a pro se basis, others are far too complex to be handled pro se.

How much does it cost to file for divorce?

In most jurisdictions, the filing fee ranges from $100.00 to $300.00. If you cannot afford to pay the court’s filing fee, you may be able to ask the court to waive the normal filing fee.

What is a provisional hearing?

For instance, you may have a provisional or preliminary hearing, which deals with temporary orders, usually dealing with children and possession of the marital residence and vehicles, while your divorce is going on. You may also have a final divorce hearing, at which the court is likely to grant your divorce.

How long do you have to wait to get divorced?

Many states have waiting periods before your divorce can be granted. This waiting period may be as little as 60 days or as long as six months. If you and your spouse have minor children together, your state laws or local court rules may require you both to attend a parenting class for divorced or separated parents.

Do you have children together?

You have no children together, or you and your spouse agree on all matters relating to the child (ren), including custody, visitation, and child support. You and your spouse don't have a lot of money, marital property, or shared debt to divide. Neither of you own significant stocks, bonds, or other investments.

How to get divorce in NC?

To reach this final termination of marriage, one spouse must file a divorce complaint with the Clerk of Court in the county of their residence. A divorce attorney may file the notice on behalf of a client. The county Sheriff (or a deputy) will then serve the divorce complaint upon the other spouse. In most cases a divorce notice is delivered by certified mail.After the couple has lived separate and apart for at least 12 consecutive months, either spouse may then file for a legal divorce. This is if at least one of the two, at the time of the separation, intended for the separation to be permanent.

What should be done before a divorce?

Upon filing for a divorce, such factors as child support, spousal support, child custody and asset division come to the fore. Decisions and creation of agreements such as a child custody agreement in each of these areas should be made before a divorce goes to court. 3.

Can you enter into mediation with your spouse?

If you and your spouse are engaging in an amicable divorce, you may choose to enter into mediation. In some cases, the court will order mediation. Mediation can mean the difference between a lengthy, expensive and public court battle and a timely, cost-efficient and confidential resolution to your divorce or separation. A mediator can help a couple come to an agreement in a less formal and less adversarial setting and can help find creative solutions to unique situations.

What is a mediator in divorce?

A mediator can help a couple come to an agreement in a less formal and less adversarial setting and can help find creative solutions to unique situations. 4. A judge hears testimony and issues the final divorce order.

Can a consent order be enforced in court?

Once this agreement is signed and notarized, it can be enforced in any court. If you choose to enter into a consent order as part of your divorce, this agreement can be enforced by a court through the use of its contempt power s.

What does a judge do in divorce?

A judge hears testimony and arguments and then makes the decision for final divorce orders that she or he thinks are best for each individual. A judge will take recommendations from each spouse’s attorney before making a decision, but the judge’s decision is final.

What happens when you divorce your spouse?

A divorce ends one’s rights to alimony and equitable distribution of property, for example, so those rights must be asserted before a divorce and, if possible, the couple should arrive at an agreement before they appear before the judge. Once the judge signs the order, you and your spouse are divorced.

1. Check your state's requirements for filing

Check your state laws for any requirements for filing a no-fault divorce. For example, some states require that you and your spouse are physically separated for a period of time before filing. Additionally, your state may require proof of residency before filing for divorce.

2. Complete the no-fault divorce forms

Once you meet your state's requirements for filing, you should complete the applicable no-fault divorce forms, such as the petition for divorce. Contact your local county clerk's office for copies of these forms. Also, ask your local court about the required filing fees.

3. Discover if you have a no-fault uncontested divorce

If your spouse agrees to the terms of the divorce, your case will move through the court system quickly. If you and your spouse agree on provisions like the division of property and child support, your divorce is considered uncontested. You will then enter into a settlement agreement.

4. Determine if you have a no-fault contested divorce

If you and your spouse don't agree to all or some of the terms of the divorce, then you have a no-fault contested legal action. When this happens, you'll need to agree on the disputed issues. If you can't agree, you may need to go to mediation or have a trial. In this case, you may need an attorney to help you navigate this process.