how to get a divorce without an attorney in nc

by Jalyn Larkin Published 2 years ago Updated 1 year ago 9 min read

Steps for Getting an Absolute Divorce

Complete 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.

Can I get a 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 get a divorce in NC without going to court?

There are two methods for obtaining a divorce without making a court appearance: a Divorce by Summary Judgment; or. a Divorce before the Clerk.
...
A testimonial divorce will still require the:

summons and complaint,
proper service,
the added step of calendaring and noticing a testimonial hearing.

Jan 7, 2018

Do you have to go to court for uncontested divorce in NC?

If the spouses can agree, then there is no need to have a court decide what the couple has to do after a divorce. The spouses can use agreements and consent orders to finalize the terms of the separation. When the couple signs their separation agreement, the agreement is a binding document.

How much is a simple divorce in NC?

$225.00

The fee for filing a case for divorce is currently $225.00. If you are including a claim for Resumption of Maiden Name, there may be an additional $10.00 fee. These fees are subject to change. If you cannot afford the filing fee, also take the Petition to Proceed as an Indigent and ask to speak with a Clerk.

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 do I prove legal separation in NC?

How to Prove You Are Separated in North Carolina

A rental agreement, lease or mortgage on separate residences in each spouse's name. ...
Utility bills (for electricity, water, sewer and trash) for each separate residence. ...
Cable, satellite TV and internet account statements. ...
Bank statements.

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Can you get a quick divorce in North Carolina?

If you want to end your marriage quickly, without a long drawn-out court case or legal proceedings, North Carolina does offer divorce options that are quick and uncomplicated.

How do I start the divorce process in North Carolina?

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. ...
A summons.
A Domestic Civil Action Cover Sheet.

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Can you date while separated in NC?

1) You Can Date While Separated

After you have legally separated you are free to date as if you are not married. Your spouse does not have a say in whether or who you date. Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts.Oct 29, 2018

What does an 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 can I get a divorce for free?

Legal Aid Divorce Help

Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.

What voids a separation agreement in NC?

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.

1. Divorce Packet (Self-Help) – LawHelpNC.org North Carolina

Instructions and court forms for requesting a divorce, for NC residents who do NOT have an attorney. Use these forms ONLY if you or your spouse have lived (1) …

2. How to Get a Divorce Without a Lawyer – Rosen Law Firm

There are two requirements for filing for divorce in North Carolina: · Clerk of Superior Court · Complaint · Verification · Civil Summons · Service by Certified Mail. (4) …

5. 6 Things You Need to Know About Divorce in North Carolina

If you have children or significant marital assets, things can get complicated in a hurry. Without the help of a skilled and experienced divorce attorney on (14) …

7. North Carolina Divorce Laws – Culbertson and Associates

Do you need a lawyer to file for divorce in NC? It is possible to file for divorce without a lawyer, but you must understand all of the forms and know what you (21) …

9. Uncontested Divorce in North Carolina: 2021 Guide

Aug 10, 2021 — No. Retaining an attorney is not mandatory to get divorced in North Carolina. In uncontested divorces where both parties agree to work together, (27) …

Clerk of Superior Court

Many counties have procedures that differ slightly from those presented here. Our information is based on the process in Wake County. You should check with the local Clerk of Court to determine any procedural variations in the county where you intend to file.

Complaint

The first form you will fill out is the COMPLAINT. (When opening some of these forms a box may pop up asking for a name and password, simply click on the X in the top right corner to close the box and the form will open).

Verification

The next form you will fill out is the VERIFICATION. Directions for filling out the VERIFICATION. Adobe Acrobat form of the VERIFICATION including directions and an example.

Civil Summons

Next you will fill out the CIVIL SUMMONS. You will need Adobe Acrobat Reader to view the CIVIL SUMMONS. Directions for filling out the CIVIL SUMMONS. When printing the CIVIL SUMMONS, print on the front and back of one page. You will need (3) three copies of the CIVIL SUMMONS.

Service by Certified Mail

The most commonly used form of service these days is certified mail so unless you know your spouse is going to refuse to sign for certified mail, try that method first. Service by certified mail costs whatever the post office charges you for that service and using certified mail should be cheaper and will probably be faster than using the sheriff.

Service by Sheriff

IF THE DEFENDANT (YOUR SPOUSE, THE PERSON YOU ARE TRYING TO SERVE) DOES NOT LIVE IN THE COUNTY YOU ARE FILING IN, YOU MUST CONTACT THE SHERIFF’S DEPARTMENT IN THE COUNTY WHERE YOUR SPOUSE LIVES (WHETHER OR NOT IT IS IN NORTH CAROLINA) TO SERVE THE CIVIL SUMMONS AND COMPLAINT.

Service by Publication

A final, alternative method for service can be used if one of these other methods has been tried and failed. That method is service by publication, in which a notice regarding the action is placed in the newspaper in the county where defendant last resided.

How long do you have to live in North Carolina to get divorce?

You can get a “simple” absolute divorce in North Carolina no matter where your spouse lives, as long as you live in North Carolina at the time you file for divorce and have lived in North Carolina for the six months immediately before filing.

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 are the requirements to end a marriage?

Ways and requirements to end your marriage or domestic partnership, including separation, divorce, property, alimony and enforcement.

Do you have to have a separation agreement with your spouse?

A separation agreement is not required to be legally separated from your spouse. However, a separation agreement can resolve many of the legal issues involved in the end of a marriage. For example, you can decide how to divide your property and whether one of you will pay alimony to the other. In some situations, spouses may request ...

Can a separation agreement be part of a divorce?

In some situations, spouses may request that the separation agreement become part of their final divorce order.

Can you include child support in a separation agreement?

Yes , you can include provisions about child custody and child support in a separation agreement. However, if one of the parents later files a child custody case, a judge can order a different custody arrangement if the judge believes it is in the child’s best interest.

Is a DBB divorce?

In spite of the confusing name, a Divorce from Bed and Board (a “DBB”) is not a divorce. A DBB is a court-ordered separation. DBB orders are available only under limited circumstances where the spouse requesting the order can prove serious fault, such as adultery or drug abuse.

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.

How long do you have to live in North Carolina before filing for divorce?

At least one spouse must have lived in North Carolina for six months before filing.

How long do you have to live apart to get divorced?

To get divorced based on the one-year separation, the soon-to-be-former spouses must have been living apart for at least one year. The requirement that the parties live separately entails a physical separation and the intent of either spouse or both spouses to end their marriage.

How long can a spouse file a motion for summary judgment?

An additional 30 days can be granted if the spouse files the proper request. When the 30-day waiting period (or the 60-day waiting period, if an additional 30 days are granted) is over, spouses can file a Motion for Summary Judgment.