Keep it simple, friendly, and quick.
Not every dissolution of marriage has to be a battlefield where each spouse tries to pick the sharpest sword. Sometimes, when going through a divorce, a couple can make peace and work out their differences, significantly shortening the divorce process. If that sounds good, an uncontested divorce may be the best option for you. Resolving all issues amicably allows you to avoid long hours of legal consultations and paperwork. Today you can easily choose the DIY option to end your marriage relatively quickly without spending an unbearable amount of money on lawyers. In this article, you will learn how to complete your divorce online.
Requirements for Uncontested Divorce in North Carolina
If you and your spouse have managed to resolve all existing issues between you two amicably, you can file for a no-fault divorce. North Carolina law has the following requirements:
– Separate residence for one year prior to filing a divorce;
– At least 6 months residency in North Carolina;
– Amicable settlement of all existing issues before applying for a divorce.
If the conditions are met, filing for divorce is convenient since neither spouse has to prove the other was at fault for your marriage’s failure.
Uncontested divorce becomes even more simple if you decide to file for a divorce online. Internet divorce is now an option that will save you time and money as you will be able to deal with all the paperwork online without leaving your house.
Uncontested Divorce Process in North Carolina
Any divorce involves filing the forms, serving your spouse, and going through a waiting period. Each step has its own specifics and requirements, which at some point may seem somewhat overwhelming. We will help you wrap your head around these simple instructions in no time.
Filing the Forms for Uncontested Divorce in North Carolina
When going through a divorce, paperwork is unavoidable. But you can at least simplify the process by choosing online services.
Each divorce case will include the following basic forms:
- Complaint For Absolute Divorce
- Domestic Civil Action Cover Sheet (Form AOC-CV-750)
- Civil Summons (Form AOC-CV-100)
- Servicemembers Civil Relief Act Affidavit (Form AOC-G-250)
Beyond that, the required forms will depend on your particular case.
Knowing which forms to choose and how to fill them out correctly can get confusing. That is where online services come in handy. You will not have to worry about missing forms or making mistakes when filling them out.
Once the forms are ready, they must be filed with the court. The court won’t accept the forms until the filing spouse pays the filing fees.
Fees in North Carolina
Divorce has its price, but it doesn’t have to cost a pretty penny. Remember that if you can’t afford the fees yourself, you can ask the court to waive the filing fees by submitting the form “Petition to proceed as an indigent.” The judge will review your request and approve it if you qualify, allowed you to skip paying the filing fees.
Serving Your Spouse in North Carolina
As soon as the paperwork is submitted to the court, the next step is providing your spouse with copies (known as serving).
There are several options to serve your spouse in North Carolina. It can be done by:
- any unconcerned person over the age of 18 not involved in the case,
- the County Sheriff or a private process server, or
- by mail.
The court requires evidence of service to finalize the divorce.
Waiting Period in North Carolina
The waiting period in North Carolina is 30 days after the non-filing spouse’s receipt of the divorce complaint before a hearing can be scheduled.
Hearing Request in North Carolina
When the waiting period is completed, the initial hearing will be scheduled by the court. If the spouses have no unresolved issues and the final documents are submitted to the court, the divorce process may be finalized. If you and your spouse expect to end your marriage at the initial hearing, here is a list of the documents that must be submitted to the court:
- Judgment for Absolute Divorce
- Certificate for Absolute Divorce
- Separation Agreement and Property Settlement Contract
- Parenting Plan
Remember, in an uncontested divorce, property division and spousal support are not taken into account by the court. You must sort it out and agree on it in a divorce settlement agreement.
If you and your spouse have managed to agree on the unresolved issues in your divorce in North Carolina, your divorce can be obtained in a period of a little over a month.