Yes, it is possible to get a divorce in North Carolina if your spouse lives in another state. Provided you have met the residency requirements for living in North Carolina for six months, you can file for divorce in North Carolina even if your spouse lives in another state. Discuss with your attorney the facts…
In North Carolina, the length of time a divorce takes depends greatly from county to county. After the defendant (the spouse who did not start the proceedings) is “served” (determined to have been given legal notice of the divorce), the spouse has at least 30 days to respond. This date is either the day that the defendant,…
A divorce complaint is a document signed by the person filing for divorce. It is filed with the clerk of the court to initiate the divorce process. The complaint will set forth in very general terms what the plaintiff is asking the court to order; it may include all of the issues the person filing…
It depends. In the eyes of the court, the Plaintiff (the spouse who files the Complaint initiating the legal process of the divorce) and the Defendant (the other spouse) are not seen differently by virtue of who files for divorce. Often times in divorce actions, lawyers and judge dispense with the formal titles of Plaintiff and…
No, North Carolina does not require that you file for divorce in the county where the marriage took place You may file your divorce action either in the county where you reside or the county where your spouse resides. For example, if you live in Charlotte (Mecklenburg County) and your spouse lives in Raleigh (Wake County),…
No, the sheriff does not have to serve divorce papers in every case. The sheriff is only one of the ways that you may serve your spouse with the divorce papers. The easiest way to obtain service would be to have your spouse sign a document known as an Acceptance of Service (talk to your…
Yes, North Carolina, like most states, is a no-fault divorce state. This means that neither you nor your spouse is required to prove that the other is “at fault” in order to be granted a divorce. Though they may be relevant to other domestic law issues, factors such as infidelity, cruelty, or abandonment are not…
You should not settle anything until you know what you are settling or you will likely base your settlement negotiations on inaccurate or incomplete information. Though the Internet can be a great supplemental resource, you should avoid relying on it for understanding your legal rights. You may see laws from other states which differ from…
Yes, you should contact an attorney very soon after receiving divorce papers. Procrastinating on responding to served divorce papers can cause irreparable damage to your case. There are deadlines to respond to the Complaint (typically thirty days). Missing these deadlines can cause you to lose your case. Of course, you must also take into account…
Find a lawyer who understands your goal to keep the divorce amicable and reach settlement and encourage your spouse to do the same. Consider choosing a lawyer that understands and has experience with Collaborative Law (a process that attempts to settle cases amicably and outside the adversarial court system). Once you start the process, cooperate…