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Uncontested Divorce North Carolina


How to Get an Uncontested Divorce North Carolina

What is an Uncontested Divorce North Carolina?

An uncontested divorce North Carolina is one in which both parties are in complete agreement over the necessity of a divorce as well as the living situation which will result from it, such as how property will be divided, who will gain child custody if minor children are involved, and what child support will be. Few divorces start out as uncontested divorce North Carolina, but many become them once a little bit of compromise is allowed. Otherwise, a divorce will go to trial, which adds extra hassle and costs to an already painful process.

An alternative route for an uncontested divorce North Carolina sometimes occurs when the spouse, who has lived apart for over a year from their partner, either cannot be found to be informed of the divorce or refuses to speak for themselves in court. In these cases, no “contest” is put up against the claims of the petitioner, so it is an uncontested divorce North Carolina.

Who May File an Uncontested Divorce North Carolina?

In the state of North Carolina, either spouse may initiate the divorce as long as one of them as lived in the state for at least six months prior. In order for a marriage to be eligible for divorce, the couple must have lived separate and apart for at least twelve months prior to filing. Since North Carolina is a no-fault divorce state, there are no other grounds that need to be stipulated.

How Do I File for Uncontested Divorce North Carolina?

To begin the uncontested divorce North Carolina procedure, you must first begin by going to the Clerk’s Office of your county court. There you will need to file several documents, including the Complaint for Dissolution of Marriage which you will need at least three copies of, each signed and notarized. You will also need a Civil Summons form and, depending on your county, a Cover Sheet for the civil action. At the court house, you will have to be a filing fee of approximately $90 and then you will receive a case number.

What Happens Next in the Process for an Uncontested Divorce North Carolina?

The next thing that you’ll need to do is notify your spouse about the divorce. Since this is an uncontested divorce North Carolina, they probably already know and can quickly sign a receipt of service. Once this is done, you will file a Hearing Request Form with the court and your uncontested divorce North Carolina hearing will be scheduled.

At the hearing, there are several documents you will need to bring: the Complaint and the Summons, a receipt of service of Summons, a Certificate of Absolute Divorce, and the Divorce Judgment alongside three copies of this last document. The Court will review these and assuming everything is in order, the hearing will be over in a matter of minutes. The judge will sign each copy of the Judgment, the uncontested divorce North Carolina will be finalized.

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