Tuesday, July 29, 2014

How do I file for divorce in NC?

It's important to remember that when you file for divorce, you must also file for the equitable distribution of the marital property, alimony, and post separation support at the same time or before you file for divorce otherwise you will lose all claims to them.

  1. In NC, you do not have to state a reason for getting divorced, you must only be separated for 1 year (unless your spouse is incompetent or insane). 
  2. After this one year separation you can file for divorce using the forms provided at most clerk's offices or by submitting a complaint. 
  3. Your spouse is then served and he/she has 30 days to respond to and/or challenge your complaint for divorce. If your spouse is served and does not respond within the 30 day period, you may file for a Default Judgment which automatically grants your divorce because no one challenged it.

Filing all of the claims related to the marriage/divorce at once will also save you some money because there is just one filing fee! You can file for child support and child custody at anytime before, during or after the marriage depending on your living situation. However, there will be a separate filing fee if you do them each separately, so ask your attorney about filing them all at once.

If you have more detailed questions, feel free to contact me at (919)321-6569, Nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC

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