North Carolina Divorce Worksheet and Law Summary for Contested or Uncontested Case of over 25 pages - Ideal Client Interview Form
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North Carolina Divorce Information Law FAQ
Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.
The divorce judgment will be signed at the hearing. The entire process usually takes 90 days. Immediate filing for divorce is not a requirement in North Carolina, and you may want to remain married while being separated due to beneficial reasons such as social security and health insurance.
Average Cost of Divorce in North Carolina The filing fee for divorce in North Carolina is currently $225 (with an additional $10.00 for filing a Resumption of Maiden Name). However, this fee can be waived for indigent filers, through a Petition to Proceed as an Indigent.
The fee for filing a case for divorce is currently $225.00. If you are including a claim for Resumption of Maiden Name, there may be an additional $10.00 fee. These fees are subject to change. If you cannot afford the filing fee, also take the Petition to Proceed as an Indigent and ask to speak with a Clerk.
As a general rule, a simple divorce can take about 45-90 days to finalize after it has been filed with the courts. Divorces in which spouses cannot agree on issues such as child support or child custody will naturally take longer.
Requirements for Filing for an Uncontested Divorce In North Carolina, either spouse must have resided in the state for a period of 6 months or more to file for a divorce. In addition, the spouses must be living separately from each other for at least a year and intend to remain permanently separated.
Couples who wish to pursue an uncontested (simple) divorce can do so by filing "no-fault" grounds. In a no-fault divorce, the law doesn't require either spouse to prove that the other person caused the breakdown of the marriage.