Whether you have been married for a year or for twenty years, the prospect of divorce can be frightening. Approximately 50% of marriages end in divorce. So how do you get through this transition? Is a Do-It-Yourself divorce right for you? We can help you with the decisions as you go through this process.
Here are a few things you need to know about divorce in North Carolina:
- An absolute divorce ends the marriage. You must be separated for a full year before you can file the law suit to obtain the divorce.
- You or your spouse must be a resident of North Carolina to file for divorce here.
- It is not necessary to have all other claims resolved prior to granting the divorce, but it is imperative that any claims for property division or spousal support be raised before the entry of the divorce. If not raised prior to divorce, those claims will be lost.
- If you have questions about the claims that end upon the granting of a divorce, check out our blog on the topic.
Uncontested Divorce – Is It Right For You?
If your case does not involve equitable distribution, alimony, child custody and support, an uncontested divorce may be appropriate for you. If you have already resolved these issues in a separation agreement, an uncontested divorce may also be appropriate. You should consult with an attorney prior to entry of a divorce to ensure you are not waiving any valuable rights.
The North Carolina General Assembly has recently expanded options for filing certain civil actions, such as a simple divorce. The Administrative Office of the Courts now offers a guide to filing a simple divorce action. Assuming you do not need to address issues of property division, child custody or spousal support, getting a divorce does not have to be complicated or expensive. In many cases, your divorce can be entered by the Clerk of Court and you will not have to appear in court.
NC Divorce with Assistance – If you feel uncomfortable handling your divorce on your own, we can provide you with guidance and assistance by phone or email as you represent yourself in the divorce action. We can also prepare your divorce complaint and judgment and advise you about the procedures for filing your divorce action and getting your spouse served. Contact us if you would like to schedule a consultation or request assistance in preparing your divorce documents.
NC Divorce Filing Fees – The initial filing fee is $225.00. Service by the Sheriff is $30.00. If the Divorce is obtained by filing a Motion for Summary Judgement or Notice of Hearing, there is an additional $20.00 fee. These fees are paid directly to the Clerk of Superior Court.
We know it is a difficult step to take, but if you are ready to file for divorce, let Irvine Law Firm guide you through the process. Email us today at email@example.com to get started.