Filing for divorce is never an easy decision. Even when you seem to be on amicable terms with your spouse, you have to be careful about your decisions. North Carolina is a no-fault state, which means that you don’t need a specific ground (or blame your spouse), to file for divorce. However, the basic requirements must be met. In your best interests, you may want to talk to one of Wilmington attorneys, so that the divorce remains as stress-free as possible. In this post, we are answering top questions related to North Carolina divorce.
- What are the basic requirements for North Carolina divorce?
To file for divorce in North Carolina, at least one spouse must have resided in the state for at least six months before filing. Secondly, the couple must have lived apart and separate, for at least one year. This has to be a continuous period. So, if you and your spouse lived apart for a year but were in sexual contact, you can still file for divorce.
- How to file for divorce in NC?
To start out, you need to fill a Domestic Civil Action Cover Sheet, along with other forms, such as Complaint for Absolute Divorce. These forms must be submitted to the office of Clerk of Court in your county.
- How much time is required to get a divorce in NC?
It depends. Once you have filed the forms, these papers will be served to your spouse. They have 30 days to respond to the same, although they can request additional 30 days. After which, you may have to discuss and settle certain matters with your spouse. Depending on how quickly things get resolved, you can expect a wait time of at least few months.
- Does one need to go to court?
If a couple agrees on most things related to the divorce and signs a separation agreement that resolves all important concerns, they need not go to court. However, when there are issues that cannot be resolved through mediation and discussion, a court case may be inevitable.
- Is it necessary to hire a divorce lawyer?
While you can always file for divorce in NC on your own, an attorney can bring legal expertise to the table and protect your rights. You need a divorce lawyer, who can work in your interest and will not settle for anything less than what you rightfully deserve.
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