Divorce Online

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.

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.

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.

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.

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.

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.

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.