Divorce in North Carolina – Step-By-Step Guide to File for divorce.
Marriage is usually a much-anticipated and happy experience that people look forward to for many years. However, when the veil drops and couples realize that the marriage is no longer serving their interest, the happiness flees, and divorce seems to be the only choice. Couples often desire support navigating the divorce process.
Ready for a Divorce? Guide to File for Divorce in North Carolina
In North Carolina, the process of getting a divorce involves several steps. Here’s a general overview:
Determination of Eligibility
To file for divorce in North Carolina, either you or your spouse must have resided in the state for at least six months prior to filing. Additionally, you must be separated from your spouse for at least one year before filing for a divorce. NC is a no-fault divorce state, which means neither party must prove fault of the other party to be granted a divorce. However, marital misconduct can be considered for alimony and spousal support purposes.
Prepare and File the Complaint
The first step in initiating a divorce is to prepare and file a Complaint for Divorce with the appropriate county courthouse. The Complaint outlines the grounds for divorce and any other relevant issues such as child custody, child support, alimony, and property division.
Serve the Complaint
After filing the Complaint, you must serve a copy of the Complaint and a Summons on your spouse. Service can typically be accomplished through certified mail or by a sheriff or private process server.
Waiting Period
After being served with the Complaint, your spouse has 30 days to respond by filing an Answer or they can waive their response and the process can proceed slightly faster. If the other party fails to serve an Answer, the complaining party may still move forward with the divorce, and the rights of the non-answering spouse will be limited.
Negotiation or Mediation
During the waiting period, you and your spouse may choose to negotiate the terms of the divorce settlement, including issues such as child custody, support, and property division. You may also opt for mediation to help facilitate discussions and reach agreements.
Court Proceedings
If you and your spouse are unable to reach a settlement on all issues, the case may proceed to court. This may involve hearings or trials where a judge will make decisions on unresolved matters.
Final Decree of Divorce
Once all issues are resolved, either through agreement or court decision, a Final Decree of Divorce will be issued by the court. This document legally terminates the marriage. However, in some cases, the divorce can be granted while matters such as equitable distribution (allocation of property, assets, and debts) are still being worked out.
Post-Divorce Matters
After the divorce is finalized, you may need to take additional steps to implement the terms of the divorce decree. This might include selling a home, transferring property titles, updating beneficiary designations, and complying with custody and support orders.
Divorce in North Carolina: Conclusion
It’s important to note that divorce proceedings can be complex and may vary depending on the specific circumstances of your case. Consulting with an attorney at Barham McCoy can help ensure that your rights and interests are protected throughout the divorce process.
If you need legal representation, don’t hesitate to contact us.
