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If you cannot afford the fees for filing your Complaint for Divorce, you can ask the Court to let you file for free. In order to make that request, you must file a Petition to Proceed as an Indigent. If approved, you will not have to pay the filing fee to the Clerk or service of process fee to the sheriff.
The simplest way to proceed is to file a settlement or appear in court and tell the judge together what your settlement is. Another option is to move ahead with the divorce as an uncontested procedure, where your ex does not even need to appear.
In North Carolina, absolute divorce signifies nothing more than the termination of the marriage bond that was created by your wedding ceremony and marriage certificate. An absolute divorce in NC may be granted on one of two grounds: one year's separation pursuant and incurable insanity.
The cost of filing an Absolute Divorce action in North Carolina is $75. You also need to factor in the costs of serving the other party and filing the other necessary documents with the court, as well as the additional cost associated if you are seeking a name change.
Complete the Court Forms. File Court Papers in the Clerk of Court's Office. Serve the Papers on the Defendant (your Spouse) Wait 30 days, then set date for Hearing. Go to Court with prepared Judgment for Judge's review.
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.
You have lived in NC for at least 6 months. You have been separated for at least 1 year. You do not want alimony or spousal support AND. You do not want a court-ordered division of property.
How long does a divorce take in NC? Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced.
You and your spouse must be separated for a year before either of you can file for divorce. Either or both of you must have lived in North Carolina for at least six months before filing. After one party has been served with divorce papers, they have 30 days to file a response.