North Carolina Divorce Procedures

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Are you seeking a divorce in North Carolina? Are you confused and tensed? Then you need the advice of an experienced lawyer, mental strength, and sound knowledge of different divorce processes and proceedings. Whatever may be your demands or the grounds for your case, you should be aware of your state laws, and the divorce procedures in North Carolina.

Many couples think that trial sessions are the most significant part of the entire divorce process. But the time taken for preparation, before the proceedings commence, is equally vital. So, you should make preparations accordingly, and be ready with whatever the court will need during the sessions. Before embarking on the route of divorce procedure, it is advisable to perform the following:

• Consult a marriage counselor/any professional to save the marriage
• Prior to beginning any divorce action, take the advice of a lawyer
• Without consulting an attorney, the divorcing partners should never leave the marital residence
• If the divorcing partners have been engaged in extramarital affairs, this issue must be first revealed and discussed with a lawyer and further with the spouse or anybody else, if felt essential
• Protect all the assets prior to discussing or commencing divorce

When you are considering a divorce, you have to keep a number of factors in mind. They may be trivial or serious, small or big, but you cannot simply ignore them, as these factors are related to your divorce, and are likely to be affected by the divorce. If you are seeking divorce in North Carolina, you have to undergo the divorce procedures with accuracy and completeness. Some of the vital procedures are elaborated below:

Commencing the North Carolina Divorce Procedure

It can be said that a civil lawsuit has begun, as soon as an individual files a complaint. This Complaint comprises of 3 sections: The Complaint, the Verification, and the Summons. In North Carolina, law states that the Complaint must be filed in that particular county, in which at least one of the divorcing partners is residing on the filing date.

When the Plaintiff approaches the courthouse for filing a Complaint, the Plaintiff must retain an original copy of all documents along with 2 copies of the verified Complaint. In order to pay the filing fee, it is essential to arrange for money order, or certified check, or cash.

Discovery process in North Carolina Divorce Procedure

Within the context of litigation, formalized exchange of information that takes place is termed as the Discovery Process. At the end of this process, both the divorcing partners acquire crystal clear understanding of the facts of the case, and thus the pros and cons of their relative situations. The various methods implemented during a discovery process are as follows:

• Requests for admission
• Physical and mental admission
• Permission to enter land or other property for inspection or other reasons
• Production of documents and things
• Written interrogatories
• Depositions upon oral examination or written questions

How to differentiate Hearing and Trial?

Every hearing cannot be considered as a trial. A hearing is simply a word with almost the same meaning as a trial. A hearing can be called as a Trial if evidences are presented from one or both sides.

The fact is, "Hearing" is not a technical term. If any sort of evidence is displayed at any of the hearings, it is termed as a "Trial." Other technical terms for specific sorts of hearing are "Appeal" and "Equitable Distribution Pre-Trial Conference," to name a few.

The procedure of Appeal

When a higher court reviews the work executed in a lower court, this process is termed as an Appeal. In majority of cases in this state, there is an appeal from the district trial court to the North Carolina Court of Appeals. If any divorcing party is not satisfied with the judgment, the case is forwarded to the Appeal Court, which is to review the work of the previous trial judge, and locate any legal errors or discrepancies.

Divorce is a critical and complex issue. If you do not abide by the state laws or fail to follow the North Carolina divorce procedures, you will unnecessarily make your case all the more complicated. Take steps to end the case in a convenient way so that your post-divorce life doesn't become a burden for you.

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