See if you Qualify in North-carolina
Online Divorce provides qualitative and approved by the court North Carolina divorce papers. The information below will help you understand more about the divorce in North Carolina. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in North Carolina. We guarantee that in a short time you will receive the correct North Carolina divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in North Carolina:
1. One of the main conditions for divorce should be the fact that your union has legal force. That is, the marriage was made in accordance with the laws of North Carolina.
2. You must comply with the rules of residence. No matter in which state the marriage was made, if you want to get a divorce in North Carolina, then you must live some time in the state before filing your application with the court.
3. You must have the reasons provided by the state, on the basis of which you want to apply for a divorce in North Carolina.
4. If you have underage children or common property, then you and your spouse must agree on who will be the main guardian and on which parts the property will be shared. Similarly, if you are applying for alimony, you must also come with the spouse to agree on this issue. If you can not independently settle your disputes, then the court will make decisions at the court hearings regarding the issues listed above.
5. You have to fill out North Carolina divorce papers and file them in the court. Note that filling out the divorce form documents is a rather complicated and not quick process, during which you can face various difficulties and not understanding, especially if you do not have a legal education. Many couples prefer to use the services onlinedivorce.com - the best service for preparing documents for divorce.
6. Once you have prepared all your documents, you need to register them in court, after which send a few copies to your spouse and wait for the court's decision regarding the divorce.
In case if you want to apply for a divorce in the state of North Carolina, you should leave on the state's territory for at least half a year before filing the case. Also note that you should be a resident of a county where you decided to terminate your marriage for at least 6 months.
Valid Grounds to get divorce in North Carolina
As in most states in North Carolina, there are 2 grounds for a divorce. The first are no-fault grounds, under which you only need to declare in the court that your marriage is irretrievably broken and there is no way to restore it.
The second are fault basis. Which apply in the event that the spouse made any serious mistake in the marriage, which led to the desire to get a divorce. If you want to apply for a divorce in North Carolina on the basis of fault grounds, you should know that you will have to provide the court with evidence of mistake that your spouse did and which lead to desire terminate the marriage. To fault grounds it is possible to carry:
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;
Annulment is one of the ways to get a divorce 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:
1) One of the spouses already has a legal marriage, which was registered earlier than the current one and has not yet been terminated.
2) Incestuous . Spouses are close relatives to each other.
3) 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.
4) At the time of marriage, one of the spouses was mentally incapacitated and could not give his consent to the marriage.
5) Spouses of the same sex
6) Marriage is fraudulent in order to force the second spouse to consent.
7) If one and the spouse is impotent, and the second spouse did not know about it at the time of the wedding ceremony.
To terminate an invalid marriage is possible through a court. You need to fill out in special divorce form documents for cancellation. If in the marriage you have joint property or minor children, the cancellation process may be delayed. In any case, you must properly fill out the North Carolina divorce papers so that the court does not reject them. This is a rather complex and lengthy process, on which the outcome of your process regarding annulment will depend.
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 bythe 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:
1) emotional attachment between the child and each parent;
2) the possibilities of each of the parents and their desire to raise a child;
3) the level of familiarity of each parent with the emotional and physical needs of the child;
4) the living conditions of each parent;
5) mental and physical health of each parent;
6) the schedule of each parent's work;
7) the desire of the child to stay with one of the parents.
8) 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. The meeting of the parent and the child will take place in conditions of increased security. If there were any cases of violence in your family, you should describe this in detail in your divorce form documents to maximally protect your child.
Rules for child support
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. Thus, in order to receive fair financial support for your children, in your divorce form documents you must list all the children who were born in the marriage, as well as the most accurate indicate all sources of your income and income of your spouse. As a percentage, the model can be represented in the following form:
1 child: 20%
2 children: 28%
3 children: 32%
4 children: 40%
5 children: 45%
More than 6 children: 50%
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.
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 your North Carolina divorce papers. 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
According to state regulations, during a divorce in North Carolina, the spouses must share among themselves all the property that was acquired by them during the marriage. The law states that the division of property 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 will 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. Although often the court awards individual property to the original owner. There are cases when it is difficult to determine which property is marital and which is separate. For example, a spouse had a bank account prior to marriage, but after registering the marriage, the second spouse invested in the deposit account, in other words, both spouses are related to this property. This kind of property is called commingling property. 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
If you apply for a divorce in North Carolina, then there is no need to use the services of a lawyer. 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". Depending on which county you live, the process of divorce in the state of North Carolina can vary. Nevertheless, 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.
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 form dments that you have to fill, but the basic is Complaint for Divorce, which is filled in any case. You will need to fill out additional papers, but which ones will depend on the type of your divorce and the circumstances of the case. Some of the needed documents you can find online, however, if you decide to apply for a divorce in North Carolina, you should contact to the local clerk.
If you decide to fill out North Carolina divorce papers by yourself, then it would not be bad to get acquainted with the Divorce Guide that the is provided by the state. Perhaps you will encounter a lot of misunderstandings when reading this document. Please note that there is a faster way to prepare your divorce form dments. Dissolution of marriage with the participation of a lawyer is quite expensive, so most couples prefer to use services of online divorce in North Carolina - the best online divorce provider in the United States. Using our service, you will receive your North Carolina divorce papers as soon as possible, similarly you can be sure that they will be drawn up exactly as required by state law.
Uncontested Divorce in North Carolina
Remember that there is also an easier and quicker way to get a divorce in North Carolina. For example, you can initiate an uncontested divorce. This means that before the filing petition to the court, you and your spouse have signed all the papers where there are settled all issues of property division, custody of the child, and financial support. By signing these divorce form documents you mean that you have discussed all the contentious issues with your spouse and come to a common decision.
In cases where both spouses agree with the conditions of divorce and have no claims to each other, the divorce will be called "uncontested divorce". Which means that all disagreements are resolved in a friendly manner. This kind of a divorce in the state of North Carolina is also known as "collaborative divorce."
In the situation where you and your spouse do not have a single solution to the contentious issues or you have disputed that can be resolved without the involvement of a third party, than your divorce will be called contested and the court will independently decide on your 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 his spouse about the registration of the divorce case. You are required to provide your spouse with all copies of North Carolina divorce documents that you submitted to the judicial office. You can notify your spouse about the initiation of divorce in several ways: it can be the services of a sheriff or a constable, or ways of public disclosure, such as an ad in a newspaper. However, if your spouse signs a form that claims to have been provided with copies of all divorce registration documents, you are able not to use the service requirement.
In case if you want to get a divorce in North Carolina but do not know your spouse's location, you can order a publication in the newspaper that will be sufficient evidence of the fact that you have notified your spouse. However, keep in mind that this can be quite an expensive way.
After you have submitted your divorce form documents to the court, you can be required to wait for several months to be sure that your divorce is granted.
Filing Fees for North Carolina divorce
Total fees will contain sum of North Carolina court filing fees and cost of using the service of online divorce in North Carolina. This cost may vary by county. Please check with your local court officer to determine the exact amount.