Wednesday, June 22, 2016

Steps for Filing Divorce in North Carolina

Are you ready to file for divorce so you can move on and start a new life? To get started, here are a few of the steps you should know when filing for divorce in North Carolina so you can have an idea of what kind of services to expect from your divorce attorney.

Divorce Pre-requisite

In the state of North Carolina, the law requires couples to have been separated for at least one year before they can file for divorce. One of you must also live in the state for at least six months before filing for divorce.

Another thing you should note is that other issues related to the divorce such as alimony, spousal support, child custody, and division of assets should be dealt with ahead of the filing of divorce. It is much easier to seek redress for these issues when they are clearly covered in the divorce decree, as opposed to dealing with them once the divorce is already finalized. In fact, the courts cannot make decisions about alimony, spousal support, and asset division after a final divorce decree has been entered.

Divorce Filing

You will need the Domestic Civil Action Cover Sheet and Civil Summons forms, as well as a “Complaint for Absolute Divorce.” These will then have to be filed with the Clerk of Court’s office in your county of residence. These forms will then need to be processed and served to your spouse, after which, you will submit a blank Notice of Hearing to the Clerk of Court’s office. Only then will a hearing be set for your divorce.  A good divorce attorney will help make such filings on your behalf.

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