[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: Petition for No Contest Separation — [Your Name] and [Spouse's Name] Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally request a no contest separation from my spouse, [Spouse's Name], in accordance with the laws and regulations of the State of North Carolina. I kindly urge you to consider this petition and provide the necessary guidance and assistance throughout the legal process. As a responsible resident of North Carolina seeking a no contest separation, it is crucial to understand the specific requirements and procedures involved in this matter. A no contest separation, also known as an uncontested separation, implies that both parties involved agree on the terms and conditions of the separation, including issues related to asset division, child custody, visitation rights, and financial support. In this petition, I affirm that both parties willingly consent to living separately and have reached an amicable agreement regarding the distribution of assets, child custody arrangements, child support, and all other relevant matters. Our intention is to maintain a respectful and cooperative approach throughout the legal proceedings to ensure a smooth separation process. To initiate the no contest separation process, I have attached the completed North Carolina Sample Letter for Petition for Separation — No Contest form, as required by the North Carolina court system. Please review the contents of the form, ensuring that all necessary information is accurately provided. The completed form includes: 1. Identification Details: Personal information for both parties involved, including full legal names, addresses, contact numbers, and email addresses. 2. Marital Details: Information regarding the date of marriage and separation, grounds for separation, and a statement confirming the voluntary nature of the separation. 3. Asset Division: The agreement on the fair distribution of marital and separate assets, including real estate, vehicles, bank accounts, investments, and any other jointly owned property. 4. Child Custody and Support: A detailed arrangement outlining the custody schedule, visitation rights, and parental responsibilities, along with a mutually agreed-upon child support plan compliant with North Carolina laws. 5. Mutual Agreement: A declaration stating that both parties have agreed to waive their rights to alimony and any claims against each other's properties. 6. Signatures: Signatures of both parties, signifying their consent and acceptance of the terms stated in this petition. I kindly request your assistance in reviewing the attached form and advising me of any additional supporting documents or fees required by the court. Furthermore, I would appreciate it if you could inform me of the appropriate court to file this petition and any specific procedures that must be followed. I understand that it is essential to seek legal advice throughout this process, and if necessary, I am prepared to engage legal counsel to ensure the validity and enforceability of this petition. Thank you for your attention to this matter. I trust that, with your expertise and guidance, we can promptly finalize this separation in compliance with North Carolina laws. Please feel free to contact me at your earliest convenience should further information or clarification be required. Yours sincerely, [Your Name]
North Carolina Sample Letter for Petition for Separation - No Contest
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How to fill out North Carolina Sample Letter For Petition For Separation - No Contest?
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FAQ
Separation does not always mean courts and judges?in fact North Carolina makes it very easy to make an agreement on all of these matters. Simply having a drafted document, notarized and signed may resolve these issues. A separation agreement can be effective especially when you have children and property involved.
To divorce in North Carolina, a couple must live physically apart for a year. After a year has passed, the work necessary to conclude an uncontested divorce, including obtaining a judge's divorce decree, can be completed in less than 60 days. North Carolina is a no-fault divorce state.
To seek an uncontested divorce in North Carolina, you need to: Live separately and apart for at least 12 months. File divorce papers and have them served on the other spouse. Prepare a separation agreement containing the terms of the divorce.
An uncontested divorce means that you and your spouse agree on all the terms of your divorce before your divorce is finalized. Many couples choose this method because it is the cheapest and quickest means to ending a marriage. In North Carolina, an uncontested divorce is known as an absolute divorce.
Your truthful testimony to the court, under oath, can prove your separation. You can also present other witnesses or documents. A separation agreement between you and your spouse can be helpful to show the court.
DIY Divorce The cheapest way to get divorced is by doing it yourself. A DIY divorce means that you prepare and file all the legal documents and marital agreement yourself, without a lawyer. Since you are doing all the work, you don't have any legal fees. It means you pay only the court filing fees, which vary by state.
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.
State Filing Fees In North Carolina, the cost of filing for an absolute, or simple divorce, is $225. This does not include serving the other party with papers, which is $30, and, if you choose to return to your maiden name, this is an additional $10 fee.
