North Carolina Divorce Procedures

Before embarking on the route of a divorce procedure, it is advisable to perform the following 5 issues.

• Consult a marriage counselor/any professional to save the marriage
• Prior to beginning any divorce action, take the advice of a lawyer
• Without consulting an attorney, the divorcing partners should never leave the marital residence
• If the divorcing partners have been engaged in extramarital affairs, this issue must be first revealed and discussed with a lawyer and further with the spouse or anybody else, if felt essential
• Protect all the assets prior to discussing or commencing divorce

Commencing the North Carolina Divorce Procedure

It can be said that a civil lawsuit has begun when an individual files a complaint. This Complaint is made up of 3 sections: The Complaint, the Verification and the Summons. In this state, the law mentions that the Complaint must be filed in that county in which at least one of the divorcing partners is residing on the filing date.

When the Plaintiff approaches the courthouse for filing a Complaint, the Plaintiff must retain an original copy of all documents along with 2 copies of the verified Complaint. In order to pay the filing fee, it is essential to maintain money order or certified check or cash.

Discovery process in North Carolina Divorce Procedure

Within the context of litigation, the formalized exchange of information that takes place is termed as the Discovery Process. At the end of this process, both the divorcing partners get a crystal clear understanding of the facts of the case and thus the pros and cons of their relative situations. The various methods implemented during a discovery process are as follows.

• Requests for admission
• Physical and mental admission
• Permission to enter land or other property for inspection or other reasons
• Production of documents and things
• Written interrogatories
• Depositions upon oral examination or written questions

How to differentiate Hearing and Trial?

Each hearing cannot be considered as a trial. A hearing is simply a word with almost the same meaning as a trial. A hearing during which proof is presented from one or both sides can be called as a Trial.

The fact is that "Hearing" is not a technical term. It must be repeated that if any sort of evidence is displayed at any hearing, this hearing is a "Trial." Trial is a technical term for a particular sort of hearing. The other technical terms for other particular sorts of hearing are "Appeal" and "Equitable Distribution Pre-Trial Conference" to name a few.

The procedure of Appeal

When a higher court reviews the work executed in a lower court, this process is termed as an Appeal. In a majority of cases in this state, there is an appeal from the district trial court to the North Carolina Court of Appeals. If any divorcing party is not satisfied with the work of the trial judge, it appeals to the Appeal Court to review the work. The appellate court attempts to locate any legal errors in the work of the trial judge.

Divorce Papers