Getting a Divorce can be a lengthy and tiresome process. Spouses have to focus on making rational decisions based on the law and keeping their emotions in check. It is essential to complete all formalities properly to avoid rejection or dismissal.
To help you understand the divorce process in North Carolina, we have divided the procedure into 6 easy steps. Following these steps will help you complete your divorce online with less stress and hassle. So, without further ado, here are the five steps:
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According to North Carolina law, the petitioner and their spouse must meet certain qualifications to be eligible to apply for a divorce:
If you and your partner meet these two criteria, you can start filing for divorce at the local Court.
In North Carolina, the court approves the following grounds for divorce:
Do It Yourself Divorce is an affordable option for couples applying for divorce. It best works if the dissolution of marriage is uncontested. It is also a more efficient way of completing the process compared to a contested case. If both you and your partner are in agreement on the terms of your divorce, this could be the best option for you.
Online divorce is a service provided by various companies to make a major part of the process much easier — preparing all forms necessary for your case.
The process is pretty quick and works like this: you choose among the online divorce companies, then provide information about your marriage and dissolution. Based on the information provided, the system automatically completes your paperwork. It is a legitimate option for cutting costs instead of using the services of a lawyer.
Depending on the online divorce service you pick, your expenses can range from $150 to around $1500. This fee is charged separately from the court filing fee. Moreover, these services tailor their offerings according to the person’s requirements. Upon adding additional features, the service providers may charge extra. This could include preparing a settlement agreement, including a parenting plan and child custody, and consulting services.
Couples can submit the completed forms to the Court Clerk’s Office of North Carolina using the state web portal. However, you will have to do it yourself. If you’re having trouble, online divorce services can go beyond preparing the application for divorce online. You can also use these companies to submit your petition to the court. This way, you won’t have to leave the house to initiate your divorce.
Serving is the process of delivering a copy of the filed divorce papers and forms to the spouse. This task is completed by the County Sheriff, a third-party member over 18 years of age, or a Licensed Process Server. You can also do it online using the state web portal or resort to internet divorce services again.
After serving, you will have to wait for around 30 days to let the other party respond to the papers. They can contact a lawyer during this period or proceed without an attorney.
After receiving the defendant’s response, the last step is to wait for the court hearing. You will have to provide a blank Notice of Hearing to the County Clerk’s Office. The Clerk will be responsible for selecting and appointing a date.
The officer will also provide you with a Notice of Hearing copy to share with your partner. Make sure the notice is shared with your spouse at least 10 days before the hearing. The plaintiff can ask the Sheriff’s Department or Process Server to perform this task or send the copy via First-Class U.S. Mail.
You are further requested to carry 2 copies of the Certificate of Absolute Divorce and Judgment of Absolute Divorce to the hearing. The judge will ask you specific questions about your application and case during the hearing. If everything goes as expected, the judge may sign the divorce documents to finalize the separation.
In many cases, the final hearing can take place without the participation of the parties. Thus, you do not have to appear in court, and the divorce decision will be made in absentia. This is only possible in the case of an uncontested divorce, which effectively allows spouses to complete their divorce online.
When filing for divorce in North Carolina, the waiting period is at least a year to get the final judgment as couples are required to stay separately for at least a year to qualify. Furthermore, after the petitioner presents the application to the court, the respondent will have 1 month to respond.
If the couple does not agree on the divorce terms, the negotiations over contested issues can take several months to over a year. Issues that often cause disagreements in the divorce process include:
The average time to complete a divorce with at least one unresolved issue is 12 months. Moreover, if the couple has a child, it could stretch to 15 months. This is because custody is an important decision for the court.
If you and your partner are clear on these aspects, you qualify for an uncontested divorce. This opens up the option of having a DIY divorce without legal representation and seeking assistance from an online divorce service.
Generally, the petitioner only pays a filing fee submitted with the application forms. This fee will not cover other expenses like notary services, court fees, postage, and more. Online divorce services are paid separately, depending on the costs of the selected web divorce company.
Divorce can be a complicated process, especially when proceeding without an attorney. However, if you take well-informed steps, you can make this process faster, easier, and inexpensive for you and your spouse. Use these 6 steps on filing for divorce online in North Carolina as a guide. If followed correctly, you might not need a lawyer to back you up.
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