Monday, September 28, 2015

Kaley Cuoco cites irreconcilable in her divorce. Do I have to cite a reason for my divorce in North Carolina?

"Big Bang Theory" star Kaley Cuoco has filed for divorce from her tennis pro husband, Ryan Sweeting. She cited that the two separated due to "irreconcilable differences" as she likely filed in a jurisdiction that requires fault by at least one party before a divorce is finalized.* However, in North Carolina, neither party has to necessarily be at fault. The steps for filing divorce in NC are listed below:
  1. In NC you must 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 for absolute divorce. 
  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 Summary Judgment Divorce which automatically grants your divorce because no one has challenged it. 
  4. You will then be awarded an Absolute Divorce or "Divorce Decree" signed by a judge ending your marriage and allowing you to re-marry.
Remember that you must file to separate the property, receive spousal support, and request alimony before your final divorce decree is entered or you lose them forever.

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.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 
  • Cary, NC
  • Chapel Hill, NC
  • Carrboro, NC
  • Hillsborough, NC
  • Mebane, NC
  • Efland, NC 
Durham County, NC
  • Durham
  • RTP
  • Bahama
  • Rougemont

*"Kaley Cuoco Cites Irreconcilable Differences as She Files for Divorce From Ryan Sweeting – and Yes, There's a Prenup" by Karen Mizoguchi,
09/28/2015 AT 08:00 PM EDT, http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences. Accessed September 29, 2015.


 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

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