North Carolina No Fault Divorce

Divorce Papers > No Fault Divorce > North Carolina No Fault Divorce

In order to file a divorce case in North Carolina state, a separation between both the spouses for a definite time period is an essential criteria for obtaining divorce. However, the concept of "legal separation" does not really exist as no written proof is necessarily required to be presented in the court. The divorcing couple is expected to sign a separation agreement. During the process of North Carolina no fault divorce especially, this agreement is used to obtain orders for spousal support, child support, visitation and custody as well as to formalize the property distribution. So it is advisable that the assistance of a competent lawyer must be taken while drafting this agreement. These professionals can immensely contribute in filing the appropriate divorce papers and conducting a smooth legal proceeding in the state.

Grounds for North Carolina No Fault Divorce

In order to obtain divorce in this state, you and your spouse must satisfy some grounds as per the laws and rights. Some of the valid no fault grounds are:

• The marriage should have been irretrievably broken down due to incompatibility of the married couple.
• The divorcing partners should have completed a separation period of at least one year in the absence of cohabitation. During this period the divorcing partners must not be residing only in different rooms but in different houses.
• During the period of separation, the marital relation between the divorcing partners should not have resumed, and there should not be any possibility of reconciliation as well.

Residency Requirements for North Carolina No Fault Divorce

Either of the two divorcing partners must have been residing in this state for at least six months before the date of filing. The state where the marriage has taken place do not hold any significance as it is not necessary to consider the state for filing the divorce case.

North Carolina No Fault Divorce Legal Form Kit

This kit is specifically designed for North Carolina no fault divorce. It comprises of filing instructions and explanations in detail. The following information is disclosed in the kit:

• Preparation for the hearing session, and advice when attending the hearing
• How to file documents in the court
• Legal service of documents to the concerned divorcing partner

The following forms are a part of this kit:

• Summary Judgment for Absolute Divorce
• Notice of Hearing
• Affidavit of Service
• Divorce Complaint and Motion for Summary Judgment
• Acceptance of Service

The entire kit is in .doc format and is compatible with Macintosh. Microsoft Word software must be loaded on the computer to view the information and forms.

Fundamental steps of divorce

• After the separation period is complete, if the divorcing partners meet the residency requirements of the state, then the divorcing partner and the lawyers are free to file a divorce complaint and summons.
• The appropriate documents should be filed with the clerk of the court in the county of residence of the filing partner.
• The above mentioned documents are served to the other divorcing partner either by certified mail or by the Sheriff.
• If the served divorcing partner accedes to the terms of the divorce, this partner has to sign the documents and return them to the court or to the filing divorcing partner.
• If the served divorcing partner disagrees with certain terms of the divorce, this partner is free to file papers that reveal his or her points.
• If the specified waiting period elapses and the served divorcing partner does not sign the papers nor files any new papers explaining his or her side, then the filing partner can continue with the divorce as an uncontested one.
• There is a hearing in front of the Judge. After the Judge enters and signs a Judgment, it is stamped by the clerk, and the couple is officially divorced.

The North Carolina no fault divorce is completely based on suitable grounds such as, irretrievably broken condition as stated by either of two divorcing spouses. At the same time, appropriate filing procedure is also essential as described by the state laws and policies.

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