Online Divorce in North Carolina | Get NC Divorce Papers (24/7)

How to get an online divorce

Step1

Check If You Qualify

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Complete Questionnaire

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Step3

Review Completed Forms

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File for Divorce

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Online Divorce in North Carolina

divorce in North Carolina

For those seeking an inexpensive divorce in the state of North Carolina, online divorce is an easy, affordable, and fast solution. Online divorce may be appropriate for couples who have an uncontested case.

The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help prepare all the necessary divorce forms and provide detailed instructions on filing your divorce in North Carolina.

Our divorce documents preparation service can be a perfect solution for those who want to complete their divorce papers quickly and without stress.

Even though North Carolina has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker, and easier.

Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents for divorce online in North Carolina is fast becoming very popular because you can complete the documents in the comfort of your home.

Even if you think your case is too complex because you have children, own your own home, or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in North Carolina with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court. In North Carolina, you will typically file with the clerk of court in the county where you or your spouse currently lives.

The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency before filing for divorce. North Carolina is no exception.

Before filing for divorce in North Carolina, at least one of the spouses must have been a resident of the state for a minimum of six months. [North Carolina General Statutes, Article 1, Sec. 50-6]

"Residency" is used synonymously with "domicile," meaning that a person must have a residence in North Carolina and have the intent to remain in the state indefinitely/permanently.

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Valid grounds to get divorce in North Carolina

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of North Carolina. Grounds are merely the reason for divorce, and the state must approve them.

 

North Carolina is a no-fault state, so neither spouse has to use fault-based grounds or prove the other party's marital misconduct.

 

The No-fault ground for divorce in North Carolina is "Separation without cohabitation for at least one year (with no hope for reconciliation and no resumption of marital relations)." [General Statutes of North Carolina; Article 1, Section 50-6]

 

However, if the parties renew their marital relationship during this period, the one-year timeline may be reset.

 

The other ground for dissolution of the marriage, which requires proof before the court, is "Incurable insanity, which caused the parties to live separate and apart for three consecutive years."

 

The testimony of licensed physicians must prove this statement. [General Statutes of North Carolina; Article 1, Section 50-5.1]

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Custody of the child in North Carolina

Custody of the child

Custody, including both joint or sole child custody, is decided based upon the interests and welfare of the child or children. There is no presumption that either parent is better suited to have custody based on gender, race, or sexual orientation. [General Statutes of North Carolina; Article 1, Section 50-13.2]

The divorcing spouses who have minor children can write a parenting plan outlining how they allocate their parental rights and liabilities. The judge will typically approve the parenting plan so long as the children’s best interests are met.

If the parents cannot reach an agreement, the court will resolve issues at its discretion and award either joint or sole custody to either parent, depending on what would be best for the child.

Among the factors North Carolina courts consider when determining the child's best interest for a particular case are:

  • The child's safety, developmental, and other reasonable needs as well and each parent's ability to provide such needs;
  • The child's wishes provided that the child is mature enough to state a preference;
  • The mental and physical health well-being of all the parties involved;
  • Each parent's homes and surrounding environments;
  • The child's relationship with each parent;
  • Any history of domestic violence, negligence, or substance abuse.

Rules for child support in North Carolina

Both parents are considered responsible for the support of their minor children, and either parent may be ordered to pay child support.

The overall goal is to make sure the child or children have everything needed to live a happy and fulfilling life. [General Statutes of North Carolina; Article 1, Section 50-13.4 Child Support Guidelines and Worksheets are contained in the Annotated Rules of North Carolina] The factors to be considered are:

  • The ongoing needs of the child;
  • The ability of the parents to provide support;
  • Any childcare and homemaker contributions of each parent;
  • The assets of the child; and
  • Any other factors deemed relevant by the court.

In North Carolina, child support may be ordered via the parents' request to approve their Voluntary Support Agreement or through a court order that includes child support.

Typically, child support is determined using the official North Carolina Child Support Guidelines unless the parents agree to a different amount.

The precise amount of child support for a particular case can be calculated using the Child Support Worksheet, which considers each spouse's financial information, including incomes, taxes, and retirement contributions.

Uncontested North Carolina divorce with children

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Rules for spousal support in North Carolina

Rules for spousal support

In a North Carolina divorce, the court can award alimony to either party when it finds that one party is a dependent spouse and the other party can pay.

The amount and duration of spousal support are determined on a case-by-case basis after considering the following factors:

  • The standard of living that was established during the marriage;
  • The comparative financial resources of the spouses, including their earning abilities in the labor market;
  • The overall mental, physical, and emotional states of the spouses;
  • Any known marital misconduct of the spouses;
  • The current ages of the spouses;
  • The contribution of one spouse to the education, training, or earning power of the other spouse;
  • Who has primary custody of a child;
  • The comparative education of the spouses and the time required for a spouse to acquire education or training to become self-sufficient;
  • The contribution of a spouse as a homemaker;
  • Income tax consequences; and
  • Any other factor the court deems relevant.

[General Statutes of North Carolina; Article 1, Section 50-16.3A]

Property division in North Carolina

Property division

North Carolina is an equitable distribution state.

All the couple's property shall be distributed in a fair, legally mandated, and agreeable manner. The spouses can agree on distributing property independently, or the court will decide following the principles of equitable distribution.

All the spouses' marital assets should be divided equitably (even if not equally). Each spouse's separate property (including property owned before the marriage, inherited property, and gifts from someone other than the spouse) typically remains with the initial owner.

Thus, North Carolina courts divide only the marital and divisible property after considering the following factors:

  • Direct or indirect contributions that one spouse makes to the career or education of the other;
  • Intentional depletion or waste of property;
  • The overall net value of the property;
  • How liquid or non-liquid the property is;
  • The contribution of the spouses to the acquisition of the marital property, including the contribution of each spouse as a homemaker;
  • The economic circumstances of each spouse when the property is divided;
  • Any increase or decrease in the value of this property during the marriage--or the depletion of the separate property for marital purposes;
  • The duration of the marriage;
  • The current age and health of the spouses;
  • The income tax consequences of the division of the property;
  • Any liabilities of the spouses;
  • Any retirement benefits, including social security, civil service, military, and railroad retirement benefits;
  • Any prior alimony or child support obligations of each spouse;
  • The desire of the spouse with custody of the children to continue occupying the marital residence; and
  • Other factors necessary to do equity and justice between the spouses. [General Statutes of North Carolina; Article 1, Section 50-20]

Why us?

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Contested Divorce

Hourly Billing - Driving the Average Cost of Divorce to $15,000+

Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.

  • Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
  • The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
  • Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.
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The premier uncontested divorce tool

Fast, affordable, and simple process using our fully-guided divorce questionnaire and filing service.

  • Online process to be completed at your own pace, can get documents as quickly as same day.
  • Receive ready-to-file forms specific to your jurisdiction and situation.
  • Easy online access for both spouses, free revisions for 30 days, and the ability to save your data longer term. Experienced customer support via chat and phone.
  • Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
  • Detailed instructions on how to file with the court or the option to purchase our filing service.

Mediation support in North Carolina

If child custody is contested in the state, the court can sometimes order the parents to submit to mediation to resolve the issue. [General Statutes of North Carolina; Article 1, Section 50-13.1] Mediation is available for other cases when the participants feel it would benefit them.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in North Carolina

North Carolina forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can streamline the process of preparing divorce documents and help both parties move forward with their lives.

Divorce in North Carolina online

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Filing fees for divorce in North Carolina

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take

Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.

Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.

Frequently Asked Questions

Can I really file for divorce in North Carolina without a lawyer?

Like other US states, North Carolina allows proceeding 'Pro Se,' which is the legal term for representing oneself before the court. The same right is also applicable to divorce cases.
Such a do-it-yourself divorce without a lawyer is gaining popularity in North Carolina as an affordable way to terminate the marriage. However, it should be noted that this approach is not suitable for every couple.

For example, if the parties contest the case or have some disputes about the property, finances, children-related issues, etc., the risks associated with divorce are higher than a peaceful uncontested process, and legal assistance would be essential.

Although the desire to save money is reasonable, one should think straight about the situation and assess their ability to arrange the process independently from start to finish.
In an uncontested divorce, where the parties have reached an agreement on the key aspects of their separation, DIY divorce can be a solution.

For these couples, OnlineDivorce.com provides document preparation services, helping them avoid paperwork pitfalls and save not only money but time.

How can I file for divorce in North Carolina without a lawyer?

Though each divorce case is unique, and sometimes additional actions may be required, the common steps in an uncontested divorce process in North Carolina are the following:

  1. If the couple meets North Carolina residency requirements, the party initiating the case (the plaintiff) should file the divorce petition and other legal forms with the District Court Division of the North Carolina General Court of Justice.
  2. At the moment of filing, the plaintiff pays a court filing fee, and the divorce case is assigned a number.
  3. The plaintiff then has to serve the second party with copies of the Divorce Complaint and the Summons. In North Carolina, the serving process can be accomplished with the county sheriff’s help, by certified mail, UPS, etc., but not by the plaintiff directly. The only exception is when the defendant agrees to accept service from the plaintiff. In that case, the defendant shall fill out an Acceptance/Waiver of Service form.
  4. Once the second spouse (the defendant) receives the papers, he/she has to file an Answer.
  5. After the expiration of the waiting period, the court can schedule the hearing date. Uncontested divorce hearings are typically brief, but the spouses have to submit the rest of the legal forms and their Settlement Agreement and Parenting Plan (if any) to finalize a divorce.
How much does it cost to get an uncontested divorce in North Carolina?

The cost of divorce in North Carolina is hard to predict without considering the circumstances of a particular divorce case, which may vary significantly.
The total cost typically depends on whether the parties contest the case and seek legal assistance. Legal fees often make up the bulk of the expenses for a dissolution of marriage.
In any case, the cost of any divorce in North Carolina starts with paying a mandatory court filing fee, which is about $225.

The spouses may also pay for divorce mediation, online divorce services, unbounded legal services, counseling, and more. Nevertheless, they do so at their discretion and can manage their expenses according to their specific situation.

How long do you have to live in North Carolina to file for divorce?

A couple must meet the residency requirements of the state to apply for a divorce in North Carolina. Thus, according to the North Carolina General Statutes, either party must be a resident in the state for at least six months before filing a Complaint for Divorce.

Besides, if the spouses would like to file for a no-fault divorce in North Carolina, they must have lived separate and apart for at least one year before the commencement of the action for divorce.

How long do you have to respond to divorce papers in North Carolina?

After being served with divorce papers, the defendant has thirty days to file an answer or counterclaim, and the date of the court hearing can be scheduled after this period passes.
In an uncontested divorce in North Carolina, the spouses may waive the right to answer and somewhat speed up the procedure.

If the defendant does not file an answer within thirty days, but the spouses have not signed a settlement agreement, the plaintiff can seek a default divorce, moving forward as if the defendant agreed with all provisions in the petition.

How do you get a free divorce in North Carolina?

The most affordable way to get divorced in North Carolina is to arrange an agreed DIY divorce without legal representatives, but it still is not free. The only thing the plaintiff has to pay is the mandatory court filing fee to start the divorce procedure unless they qualify to waive it due to indigency.

If a person cannot afford to pay this cost, they may ask the court to file for free by submitting the Petition to proceed as an indigent form. The court then considers whether the request is fair and reasonable and exempts the plaintiff from paying.

What papers do I need to file for a divorce in North Carolina?

Although some documents may vary depending on the circumstances, the initial divorce forms every plaintiff has to file with the court in North Carolina include Complaint For Absolute Divorce, Domestic Civil Action Cover Sheet, and Civil Summons. The rest of the most common divorce forms are Judgment for Absolute Divorce, Certificate for Absolute Divorce, Separation Agreement, Property Settlement Contract, Parenting Plan, Certificate of Service, Acceptance of Service.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.