Family Law

Divorce In North Carolina

Not all couples are meant to last. When a marriage has come to an end, there are a lot of legal details and arrangements to work out. From splitting commonly held assets to making decisions about child custody and visitation rights, the stakes can be incredibly high.

In order to secure a fair and just outcome in your North Carolina divorce, you should always work with an experienced lawyer who will prioritize your needs and perspective. It is also important to understand the basic procedure required to obtain a divorce.

How Do I File For A Divorce In North Carolina?

The divorce process always starts with one or both spouses filing their desire to divorce with the court. To do so, 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.

Once the initial divorce is filed, you will need to file a divorce complaint and serve the other party involved in the divorce to ensure they get those documents. After serving the other party, you must file a summary judgment with the court to request a divorce judgment from the judge.

What Is The Timeline For Divorce In North Carolina?

Once you have completed the above steps, you can request the court proceed with the divorce judgment. Those initial steps can take anywhere from days to weeks or even months, depending on the responsiveness of your spouse and any court delays in your North Carolina county.

Once the court has been notified, 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.

That timeline, however, does not include the waiting period required by North Carolina law.

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

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 Serves 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 to ensure you get a fair and just outcome.

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 complex matters are involved, it is recommended that you seek the assistance of a North Carolina divorce attorney to handle the divorce and protect your interests.

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.

Get A Fair And Just North Carolina Divorce With The Emory Law Firm

Whether you are just starting to think about getting a divorce or have already been served divorce papers by your spouse, a divorce lawyer can help ensure you obtain a fair outcome and that your rights are respected throughout the process.

In North Carolina, the Emory Law Firm and our family law and divorce lawyers are just a phone call away. Call (704) 324-8500 for a free and discrete initial consultation, or schedule one online.

For More Information About Divorces In North Carolina

• Filing For Divorce In North Carolina
• Understanding Asset Division In A North Carolina Divorce
• What You Need To Know About Alimony In A North Carolina Divorce
• The Basics Of Child Custody In North Carolina Divorce Cases
• Navigating Family Law And DUI Legal Challenges With The Emory Law Firm In Charlotte, NC