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Couples eligible for an uncontested divorce can have all the benefits of a quick and fairly cheap online divorce. This option allows them to save their time and money on a costly attorney as they can handle their divorce forms themselves from the comfort of their own home. With online divorce, spouses get ready for filing divorce papers in just 2 business days.
How does it work?
All the spouses have to do is complete a simple questionnaire to provide the information about their marriage and divorce. Questions concern the specifics of their divorce case required to select and complete the correct divorce forms.
Then the service will help generate completed divorce forms required in court. In addition, the spouses get simple filing instructions to file the paperwork without an attorney.
Why do couples choose online divorce?
Contested Divorce
Online Divorce $299
DIY Divorce
Filing for a divorce in North Carolina, spouses may need to submit the following forms:
The list may change depending on the attendant circumstances of a particular divorce case and its complexity. For example, the spouses will not need to file an Affidavit of Indigency if they can afford to pay the court filing fees.
There are several options to obtain divorce filings in North Carolina. The spouses may choose to:
For those couples with no legal training, completing divorce forms may become a rather challenging task. A lot should be done before filling out the papers. For example, the couple should:
If any mistakes or incorrect information occur in the paperwork, the county clerk may reject the papers. The spouses will also have to pay the filing fee again.
However, there is an alternative way to handle divorce forms fast and efficiently. CompleteCase.com, an online divorce service is designed to help spouses simplify the paperwork completion process and avoid mistakes.
The spouses will have to complete a simple CompleteCase.com questionnaire and proceed with the process from the comfort of their own home, at their own pace. And all that remains is to download the completed PDF forms and file them with the court.
The divorce process in North Carolina includes several critical steps described below.
Grounds for Divorce
Initial Filing
Court Fees
Serving a Spouse
Finalizing a Divorce
Grounds for Divorce
Since North Carolina is a no-fault state, there is no need to prove any spouse’s fault to get a divorce (also referred to as an absolute divorce). So, there are two grounds to use applying for a divorce:
Another option is called a divorce from bed and board, which is technically a fault-based action brought by a complainant to get the other spouse out of the home by the court. This action is similar to a legal separation. For divorce from bed and board, one of the following fault grounds must be established:
For a no-fault divorce, the spouses should resolve all of their divorce-related issues, such as property division, spousal support (alimony), child custody, and child support.
Initial Filing
There are several forms required to initiate a divorce process such as Complaint For Absolute Divorce, Domestic Civil Action Cover Sheet, and Civil Summons. The spouses have to submit the papers to their county clerk. Other forms required for the case will depend on the attendant circumstances and the complexity of the case.
To check what forms are needed, the spouses may contact the court’s clerk or use the online divorce service CompleteCase.com.
Court Fees
When filing for a divorce, there is a mandatory filing fee for a petitioner to pay. The average divorce filing fee in North Carolina is about $225, though the exact amount may vary depending on the county where the spouses reside.
Serving a Spouse
After the divorce documents are filed, the plaintiff must serve the respondent with copies of the completed papers. This can be done by the sheriff, a licensed process server, or any person over 18 not involved in the proceedings.
The defendant could also complete an Acceptance of Service form so that the plaintiff can service them personally.
Finalizing a Divorce
When the filing process is over and the waiting period has expired, the final hearing date can be set.
A divorce attorney can become an irreplaceable assistant when it comes to paperwork preparation, filing and serving, and, of course, representing the party in court. However, the average hourly rate for North Carolina divorce lawyers ranges from $100 to $300 per hour.
As not every couple can afford the lawyer’s fees, there is a great alternative to a costly divorce attorney. The divorcing spouses can always choose to proceed with an uncontested divorce and handle the whole process without a lawyer in North Carolina. Dealing with a DIY divorce without legal help from a law firm may significantly reduce the divorce cost.
Instead, if the spouses still need some help to create their Marital Settlement Agreement and prepare for an uncontested divorce, they can participate in mediation. Divorce mediation is a voluntary settlement process, where the neutral third party helps the spouses reach an agreement on the full range of divorce-related issues without litigation.
Child Custody
When there are minor children in a marriage, divorcing parents can either come up with their own custody agreements or leave matters up to the North Carolina court to decide. If the custody issues are taken into court, the judge will handle them, keeping the child’s best interest in mind.
The court can grant either sole or joint child custody when determining physical and legal custody. Sole and joint custody depends on several factors including parents’ ability to create a united front raising a child after divorce. Those parents unable to cooperate and involved in unsettled disputes won’t be awarded joint custody.
The decisions on the custody are based on the judge’s evaluation of the following factors:
Child Support
Child support in North Carolina has statewide Child Support Guidelines used in most cases, barring exceptional circumstances. These guidelines consider the incomes of both parents, the number of children, child-related expenses, and child custody arrangements.
Child support payments generally continue until the child turns 18 or graduates from high school.
The waiting period in North Carolina divorce is a minimum of 30 days following service of the divorce complaint on the non-filing party for a simple uncontested divorce.
However, the overall length of a divorce depends on the attendant circumstances of a particular case. For example, an amicable divorce isn’t supposed to last longer than 45-90 days to get over with. When it comes to a contested divorce, the spouses have to tackle their divorce-related issues, which may lead to a much longer divorce process.
As for the residency requirements, according to North Carolina law, at least one of the spouses must be a resident of North Carolina for no less than six months prior to the divorce filing.
The divorce may be filed in the North Carolina county where either of the spouses resides.
However, if the spouses don’t meet at least one of the requirements they have the following options:
How long will it take in North Carolina?
Those spouses who chose an uncontested divorce can obtain a final divorce decree within no more than 3 months. A contested divorce length depends much on the number and complexity of the issues spouses have to deal with.
Can I get a free divorce in North Carolina?
To avoid paying filing fees in a divorce, a plaintiff may submit a “Petition to proceed as an indigent” form to the court. If the judge considers a person’s financial situation and finds them unable to afford the filing fees, the court will approve the request and waive the fees for the couple.
How to file for divorce in North Carolina?
To initiate a divorce process in North Carolina a filing spouse has to file a Complaint For Absolute Divorce, Domestic Civil Action Cover Sheet, and Civil Summons.
How much does a divorce cost in North Carolina?
The minimum cost of an uncontested divorce in North Carolina is $225 (filing fee).
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