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Filing For Divorce In North Carolina

 A step-by-step guide on drafting a divorce agreement - The Emory Law FirmThe Following Article Will Cover:

  • The process of filing for a divorce in North Carolina, including court costs and the possibility of a waiver.
  • The timeline and steps involved in finalizing a divorce after filing, including serving the other party and obtaining a divorce judgment.
  • The waiting period and considerations if served with divorce papers or seeking legal representation.

How Do I File For A Divorce In North Carolina?

To file for a divorce in North Carolina, you are required to pay court costs of $225. However, there is a waiver available for individuals who cannot afford these costs. You will need to complete an application to determine if you qualify for the waiver.

The process after this involves filing a divorce complaint and serving the other party involved in the divorce. After serving the other party, you must file a summary judgment with the court to request a divorce judgment from the judge.

Once One Party Files For A Divorce In North Carolina, What Is The Timeline And Steps That Happen Next Up To The Decree Being Finalized?

The steps following the filing of a divorce in North Carolina include filing the divorce complaint, serving the other party, and then filing a summary judgment to notify the court that the other party has been served and that you wish to proceed with the divorce judgment.

Once this is done, a court date will be assigned to inform the other party that the divorce will be finalized on a specific date and time. The other party has the opportunity to object if they have any objections. If there are no objections, the judge will proceed to finalize the divorce.

Is There A Waiting Period Before A Divorce Will Be Granted In North Carolina?

Yes, in North Carolina, you must be separated for one year before you can file for a divorce. The separation period serves as a waiting period before a divorce can be granted.

What Should I Do If My Spouse Served Me With Divorce Papers?

If you are served with divorce papers and there are no significant issues involving property or children, you may choose to allow the process to proceed without contesting it. However, if there are matters such as property division or alimony that could be relevant to your case, it is advisable to consult with an attorney. Taking appropriate legal steps and filing necessary claims before the divorce is finalized can help protect your rights and ensure that you receive what is rightfully yours within the marriage.

Do I Specifically Need A North Carolina Divorce Attorney To Represent Me?

For a simple divorce without significant issues, you may not necessarily require a lawyer. However, if there are complex matters involved, it is recommended to seek the assistance of a North Carolina divorce attorney to handle the divorce and protect your interests.

Does That Mean That I Cannot Use An Attorney From A Different State?

Yes, that is correct. An attorney must be licensed in the state where they practice law. If you are obtaining a divorce in North Carolina, your attorney must be licensed to practice in North Carolina. Some attorneys may hold dual licenses in multiple states, but the attorney representing you should be licensed in the specific state where your divorce is being pursued.

For more information on Filing For Divorce In North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 324-8500 today.

The Emory Law Firm

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(704) 324-8500

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