North Carolina No Fault Divorce

North Carolina differs from several other states in the fact that the concept of "legal separation" does not exist in this state. The divorcing couple is expected to sign a separation agreement. During the divorce process, this agreement is used to obtain orders for spousal support, child support, visitation and custody as well as to formalize the property distribution. So, it is advisable that the assistance of a competent lawyer must be taken while drafting this agreement.

Grounds of North Carolina No Fault Divorce

• The marriage should have been irretrievably broken down due to incompatibility
• The divorcing partners should have completed a separation period of 1 year in the absence of cohabitation. During this period, the divorcing partners must not be residing only in different rooms but also in different houses.
• While leaving the house, one divorcing partner must have finalized to terminate the marital status, although the other partner may be reluctant to do so
• During the period of separation, marital relation between the divorcing partners should not have resumed

One of the divorcing partners must have been residing in this state for minimum 6 months before the date of filing. The state in which the marriage has taken place has no significance.

North Carolina No Fault Divorce Legal Form Kit

This kit is state specific. It comprises of filing instructions and explanations in detail. The following information is disclosed in this kit.

• Preparing for and attending the hearing
• Legal service of documents on divorcing partner
• Filing documents in the court

• Summary Judgment for Absolute Divorce
• Notice of Hearing
• Affidavit of Service by Registered or Certified Mail
• Divorce Complaint and Motion for Summary Judgment
• Acceptance of Service

Fundamental steps of divorce

• After the separation period is complete, if the divorcing partners meet the residency requirements of the state, then the divorcing partner and the lawyer are free to file a divorce complaint and summons
• The above mentioned documents should be filed with the clerk of the court in the county of residence of the filing partner
• The above mentioned documents are served to the other divorcing partner either by certified mail or by the Sheriff
• If the served divorcing partner accedes to the terms of the divorce, this partner has to sign the documents and return them to the court and / or the filing divorcing partner
• If the served divorcing partner disagrees with certain terms of the divorce, this partner is free to file papers that reveal his or her points
• If the specified period elapses and the served divorcing partner does not sign the papers nor files any new papers explaining his or her side, then, the filing partner can continue with the divorce as an uncontested one
• There is a hearing in front of the Judge. After the Judge enters and signs a Judgment and this is stamped by the clerk, the couple is officially divorced

Divorce Papers