Wilmington North Carolina Complaint for Absolute Divorce

• Category: North Carolina Family Law - Divorce - With Children
• State: North Carolina
• City: Wilmington
• Control #: NC-811D
• Format: Word; PDF; Rich Text

Description

This form is filed asking the Court to grant a divorce along with any other relief requested. In particular, this Dissolution of Marriage Petition is filed with there were children born of the marriage. Wilmington North Carolina Complaint for Absolute Divorce is a legal document filed by a spouse seeking to dissolve their marriage. This complaint serves as the initial step in the divorce process and provides the court with details on the grounds for divorce and the desired outcome. In Wilmington, North Carolina, there are several types of Complaints for Absolute Divorce that individuals may file based on their specific circumstances: 1. No-Fault Divorce: This type of complaint asserts that the marriage has irretrievably broken down, with no hope of reconciliation. "Irreconcilable differences" is often cited as the reason for the divorce, where both parties agree to end their marriage amicably. 2. Fault Divorce: This complaint alleges that the marriage failed due to one spouse's misconduct or wrongdoing. Common grounds for a fault divorce in Wilmington, North Carolina include adultery, abandonment, cruel treatment, or substance abuse. 3. Separation Divorce: If the couple has lived apart for at least one year with no intention of reconciliation, a Separation Divorce complaint may be filed. This type of divorce does not require proving fault, only the duration of separation. When preparing a Wilmington North Carolina Complaint for Absolute Divorce, it is crucial to include essential information such as: a. Identification details: Names, addresses, and contact information of both spouses, and their date and place of marriage. b. Grounds for Divorce: Specify whether it is a no-fault, fault, or separation divorce and provide relevant details supporting the chosen grounds, such as dates, incidents, or evidence. c. Children and Custody: If the couple has children, include their names, birthdates, and desired custody arrangements. Additional considerations like child support, visitation rights, and medical insurance coverage should also be addressed. d. Property Division: Detail the couple's assets, including real estate, vehicles, bank accounts, investments, and personal belongings. Clarify how the spouses wish to divide their property equitably. e. Alimony and Spousal Support: If one spouse seeks financial support from the other, specify the type and duration of alimony desired. Provide reasoning based on the financial situation, earning capacity, and contributions during the marriage. f. Requested Relief: Clearly state the desired outcome of the divorce, such as the termination of the marriage, custody arrangements, property division, alimony, and any other relevant requests. When drafting a Wilmington North Carolina Complaint for Absolute Divorce, it is recommended to consult with a family law attorney to ensure accuracy, adhere to legal procedures, and address any state-specific requirements. Remember to always use appropriate legal terminology and complete the document thoroughly to present a clear and compelling case to the court.

Wilmington North Carolina Complaint for Absolute Divorce is a legal document filed by a spouse seeking to dissolve their marriage. This complaint serves as the initial step in the divorce process and provides the court with details on the grounds for divorce and the desired outcome. In Wilmington, North Carolina, there are several types of Complaints for Absolute Divorce that individuals may file based on their specific circumstances: 1. No-Fault Divorce: This type of complaint asserts that the marriage has irretrievably broken down, with no hope of reconciliation. "Irreconcilable differences" is often cited as the reason for the divorce, where both parties agree to end their marriage amicably. 2. Fault Divorce: This complaint alleges that the marriage failed due to one spouse's misconduct or wrongdoing. Common grounds for a fault divorce in Wilmington, North Carolina include adultery, abandonment, cruel treatment, or substance abuse. 3. Separation Divorce: If the couple has lived apart for at least one year with no intention of reconciliation, a Separation Divorce complaint may be filed. This type of divorce does not require proving fault, only the duration of separation. When preparing a Wilmington North Carolina Complaint for Absolute Divorce, it is crucial to include essential information such as: a. Identification details: Names, addresses, and contact information of both spouses, and their date and place of marriage. b. Grounds for Divorce: Specify whether it is a no-fault, fault, or separation divorce and provide relevant details supporting the chosen grounds, such as dates, incidents, or evidence. c. Children and Custody: If the couple has children, include their names, birthdates, and desired custody arrangements. Additional considerations like child support, visitation rights, and medical insurance coverage should also be addressed. d. Property Division: Detail the couple's assets, including real estate, vehicles, bank accounts, investments, and personal belongings. Clarify how the spouses wish to divide their property equitably. e. Alimony and Spousal Support: If one spouse seeks financial support from the other, specify the type and duration of alimony desired. Provide reasoning based on the financial situation, earning capacity, and contributions during the marriage. f. Requested Relief: Clearly state the desired outcome of the divorce, such as the termination of the marriage, custody arrangements, property division, alimony, and any other relevant requests. When drafting a Wilmington North Carolina Complaint for Absolute Divorce, it is recommended to consult with a family law attorney to ensure accuracy, adhere to legal procedures, and address any state-specific requirements. Remember to always use appropriate legal terminology and complete the document thoroughly to present a clear and compelling case to the court.