Divorce papers in North Carolina — filing for divorce in NC

Online divorce in North Carolina

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How to get divorce in North Carolina

Online Divorce provides qualitative and approved by North Carolina courts divorce papers. The information below may help to understand more about the divorce in North Carolina. onlinedivorce.com provides quick and inexpensive services of online divorce in North Carolina.


The key conditions to get a divorce in North Carolina are: :

1

The marriage was registered in accordance with the laws of North Carolina.

2

The residency requirements are met by the spouses.

3

One of the valid grounds for divorce which are provided by the state is pointed out.

4

If there is an agreement between the spouses a divorce can be considered as uncontested. If it's impossible to settle all the disputes independently, then the court make decisions at the court hearings (meaning, the case becomes contested).

5

The North Carolina divorce papers need to be filled out and submitted to the court. Note that filling out the divorce form documents is a rather complicated process. Many couples prefer to use the services onlinedivorce.com - the best service for preparing documents for divorce.

6

Once all the documents are prepared, they need to be registered in the court, and the copies must be delivered to the non-filing spouse in order to notify him/her about the divorce proceeding. Then the spouses wait for the court's decision regarding the divorce.

Residency:

To get a divorce in North Carolina either spouse should live in the state for at least half a year before filing the case as well as a reside in a particular county.

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Valid grounds to get divorce in North Carolina

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As in most states, in North Carolina, there are two types of grounds for a divorce. No-fault ground means that it's enough to declare in the court that the marriage is irretrievably broken and there is no way to restore it.  
Fault grounds point out the misconduct of one of the spouses, these reasons must be proven before the court.
In North Carolina the fault grounds for divorce are:

#1

Adultery;

#2

Psychiatric illness of one of the spouses, which was the reason for the hospital detention for a period of not less than 5 years;

#3

Alcohol or drugs dependence of one of the spouse;

#4

If one of the spouses intentionally left the second for more than one year;

#5

Facts of domestic violence in the family;

#6

If one of the spouses has committed any crime and received a term while he/she was in a marriage;

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Annulment of the marriage in North Carolina

Annulment is one of the ways to end the marriage in North Carolina, which is usually quicker. However, there is a nuance: in order for a couple to cancel their marriage, they must prove that it does not have legal force. This means that the marriage was concluded with violations of the law and is not recognized by the state of North Carolina.

Marriage can be considered void in case if:

  • One of the spouses already has a legal marriage, which was registered earlier than the current one and has not yet been terminated.
  • Incestuous . Spouses are close relatives to each other.
  • At least one of the spouses has not yet reached the age of majority, and at the time of marriage, there is no agreement from the parents or the court to register this marriage.
  • At the time of marriage, one of the spouses was mentally incapacitated and could not give his consent to the marriage.
  • Spouses of the same sex
  • Marriage is fraudulent in order to force the second spouse to consent.
  • If one and the spouse is impotent, and the second spouse did not know about it at the time of the wedding ceremony.
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Custody of the child in North Carolina

Custody of the child

At the time of divorce in North Carolina, parents can take a joint decision about who will be the guardian of a minor child. However, the final decision remains by the court and he takes it on the basis of the best interests of a child. Also, regardless of the decision of the parents, the court issues a detailed plan for the time that each parent must spend with the child. If one of the parents violates the rules established by the court, he or she may be held responsible for this.

In determining a custodian for a child, the court may consider the following factors:

  • Emotional attachment between the child and each parent;
  • The possibilities of each of the parents and their desire to raise a child;
  • The level of familiarity of each parent with the emotional and physical needs of the child;
  • The living conditions of each parent;
  • Mental and physical health of each parent;
  • The schedule of each parent's work;
  • The desire of the child to stay with one of the parents.
  • Facts of domestic violence. Note that if during the marriage the facts of domestic violence from one of the spouses were recorded, the court most likely does not award guardianship to this parent and will not allow seeing the child. However, in some situations, when the judge is sure that the parent will not harm the child, he may be given some visiting hours.

Rules for child support in North Carolina

With a divorce in the state of North Carolina, the court usually decides on the financial support of underage children, but the amount of support is calculated using the Flat Percentage of Income Model. This model takes into account the number of children in the family and the total income of parents.As a percentage, the model can be represented in the following form:

 

1 child

20% of income

 

2 children

28% of income

 

3 children

32% of income

 

4 children

40% of income

 

5 children

45% of income

 

6 children

50% of income

However, there may be cases of departures from the above model, when the court will find grounds for the fact that the amount of financial support for the child is not correct.

Financial support for the child will continue until he or she reaches the age of 19.

Uncontested North Carolina divorce with children
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Rules for spousal support in North Carolina

Rules for spousal support

At the divorce in North Carolina, the court has the right to oblige the spouses to provide financial assistance to another spouse so that he or she can maintain the standard of living that was habitual during marriage. Financial assistance to a spouse, also called alimony, can be of several types:

Temporary alimony is an example of financial assistance, which is usually paid for a short period of time immediately after the divorce or in the process of litigation, so that the spouse who receives financial assistance has the opportunity to maintain the usual standard of living.

Constant alimony is a type of financial assistance that is paid to the spouse for life or until he or she marries once again. This type of alimony is awarded to satisfy the basic needs of the spouse and the sum of it is less than the sum of temporary maintenance.

Also, in the process of awarding alimony, an important role is played by the ground for divorce, which is fixed in the Petition for divorce. A spouse who claims to receive alimony must prove to the court that there is not her or his fault in breaking the relationship. Also, keep in mind that monthly alimony, awarded on a constant basis, can not use more than a third of the income of the spouse-payer

Property division in North Carolina

Property division

The law states that the division of property at the divorce must be fair, but this does not mean that it should be equal. If couples can not come to a decision about how property should be divided, then the court will make this decision independently after analyzing a number of factors. In any case, the court decision is to be fair.

All property that was acquired in marriage is marital property, nevertheless, state law allows courts to divide absolutely all property, no matter how it was acquired or who owns it. In other words, during the divorce in North Carolina, the law allows judges to divide the separate property in the same way as martial.
If the spouses can not pinpoint exactly who should own the property, then the court will make its decision regarding the separation.

Divorce without a lawyer in North Carolina

Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". A divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Contested Divorce
Average price from $2000
Offline process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditure. Overall lenghty and expensive way to go.
  • Attorney availability affects completion time
  • Each spouse have to hire an attorney, which automatically doubles legal fees
  • Trial, which adds even more stress
  • If you have children, they will likely be interrogated at the court for making decisions on custody
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Websites for filling out divorce documents. Use software technonlogies to complete your divorce documentation.
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  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies.
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in North Carolina

During the divorce in the state of North Carolina, the courts strongly recommend that couples use the services of mediators, this will help them resolve all the controversial issues regarding custody of the child and sign constructive decisions.

Divorce forms in North Carolina

There are various divorce forms that must be filled out, but the basic is Complaint for Divorce, which is filled in any case. Additional papers may be needed, but they depend on the type of divorce and the circumstances of the case. Some of the needed documents can be found online.

Using the Online Divorce helps to receive the North Carolina divorce papers as soon as possible.

Uncontested divorce in North Carolina

Uncontested divorce in North Carolina

An uncontested divorce means that before the filing petition to the court, the spouses have signed all the papers where there are settled all issues of property division, custody of the child, and financial support. 

If the spouses do not have a single solution to the contentious issues than the divorce will be called contested and the court will independently decide on all the differences.

How to serve divorce papers in North Carolina

Legislation of the state of North Carolina obliges the person who submits for divorce, to notify the spouse about the divorce case.
The papers may be delivered to the non-filing spouse in several ways:

  • Sheriff's service;
  • Constable service;
  • Service by publication.

However, if the Defendant signs a form that claims to have been provided with copies of all divorce registration documents, it's not necessary to use the service process.

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Filing fees for divorce in North Carolina

The total cost of divorce in North Carolina is hard to predict. It may contain the court filing fees and cost of using the service of online divorce in North Carolina as well as some other fees depending on the case. This cost may vary by county.