The Greensboro North Carolina Complaint for Absolute Divorce is a legal document that initiates the process of ending a marriage in Guilford County, North Carolina. This complaint serves as the initial step for individuals who wish to dissolve their marriage and can be filed by either spouse. There are a few different types of Complaint for Absolute Divorce in Greensboro, North Carolina, including: 1. No-Fault Divorce: This type of divorce complaint states that the marriage has irretrievably broken down with no prospect of reconciliation. It does not assign blame to either spouse and focuses solely on the desire to end the marriage. 2. Fault Divorce: In certain cases, a spouse may file a Complaint for Absolute Divorce based on fault grounds. This type of complaint alleges misconduct by one spouse, such as adultery, cruelty, abandonment, or substance abuse, which caused the irrevocable breakdown of the marriage. The Greensboro North Carolina Complaint for Absolute Divorce typically includes the following essential information: 1. Parties Involved: The complaint identifies both spouses involved in the divorce proceedings, including their full legal names and addresses. It clarifies if there are any minor children from the marriage and provides their names and ages. 2. Grounds for Divorce: The complaint specifies whether it is a no-fault or fault-based divorce, outlining the grounds on which the dissolution of the marriage is sought. 3. Date of Separation: The complaint also requires the date when the spouses legally separated, signifying the end of their marital relationship. 4. Division of Property and Debts: This document may address the distribution of assets and liabilities acquired during the marriage. It might include provisions for the division of real estate, personal property, bank accounts, investments, debts, and other shared assets. 5. Child Custody and Support: If there are minor children involved, the complaint may address matters related to child custody, visitation schedules, and child support obligations. It may also mention the establishment of parenting plans and responsibilities. 6. Alimony or Spousal Support: The complaint might touch upon the issue of alimony or spousal support if one spouse seeks financial assistance from the other following the divorce. 7. Other Relevant Requests: The complaint may include any additional requests or relief sought by either party, such as name changes, injunctions, or restraining orders. The Greensboro North Carolina Complaint for Absolute Divorce is a critical legal document that starts the divorce process and outlines the spouse's desires regarding the division of assets, child custody, support, and other pertinent matters. It is essential to consult with an experienced family law attorney to ensure that all relevant information and legal requirements are correctly included in the complaint, as it sets the foundation for the divorce proceedings.
Greensboro North Carolina Complaint for Absolute Divorce
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How to fill out Greensboro North Carolina Complaint For Absolute Divorce?
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FAQ
Reckless spending of either spouse's income, or the concealment of assets. Excessive use of alcohol or drugs that made the other spouse's life intolerable. Willful failure to provide necessary subsistence in such a way that made the other spouse's life intolerable and burdensome.
Under NCGS 50-16.1A, marital misconduct is defined as ?acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14?27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse.? So, if you or your spouse had an affair, there has been marital misconduct.
The waiting period commences from the date on which the divorce summons and complaint have been served on the other (defendant) spouse and not from the date of filing for divorce on part of the plaintiff. The defendant spouse has 30 days to respond to the divorce complaint after he or she has been served.
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.
Even though the defendant may have filed an answer admitting all of the allegations, the plaintiff must still prove to the court, by one of the two stated methods, that he or she is entitled to an absolute divorce. If your attorney uses summary judgment, you yourself do not have to go to court for the divorce hearing.
If neither spouse has been a resident of North Carolina for at least six months or the parties have not lived continuously separate for at least one year, you can challenge the divorce.
You are eligible to file for divorce, also called an ?absolute divorce,? only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.
Steps for Getting an Absolute Divorce 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 ?complaint? is the name for the initial pleading in a civil action. The Plaintiff is the person filing for divorce and the person responding to the complaint is the Defendant. A divorce complaint can be served through Certified Mail or using the Sheriff's Department.
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.