divorce

The Divorce Process in North Carolina: Step-by-Step Guide

Divorce is a stressful and emotionally challenging process, especially if you aren’t sure how to begin the process. Each state has different laws and regulations, so it is important to be aware of the rules of the state in which you reside.  By understanding the steps involved, you can better prepare yourself for the process. In the following sections of this blog, we will be covering the essential steps in the divorce process, specifically in North Carolina, to help you avoid common mistakes, protect your rights, and lead to a smoother transition through this difficult chapter of your life.

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Step 1: Determine Eligibility for Divorce in North Carolina

The first step in filing for divorce in North Carolina is to determine eligibility in the state. The eligibility requirement in North Carolina states that at least one spouse must have lived in the state for a minimum of six months before filing. This ensures that North Carolina courts have the jurisdiction to handle your divorce case. Additionally, North Carolina primarily recognizes “no-fault” divorce, which requires spouses to live separately for one continuous year before filing.

Step 2: Filing the Divorce Petition

After you have determined your eligibility for divorce in North Carolina, the next step is officially starting the divorce process by filing a “Complaint for Absolute Divorce.” You’ll file this with the Clerk of Court in the county where either you or your spouse lives along with the filing fee which varies on the location. Some other documents you will need to include are the Compliant for Absolute Divorce (this states any requests, like property division or alimony) and Summons (this informs your spouse that a divorce action has been initiated). Depending on your situation, you may also need to submit other forms, like financial disclosures or custody paperwork if children are involved.

Once you’ve filed the paperwork, you need to “serve” your spouse with the divorce papers to make sure they’re officially notified. You can do this by:

  • Sheriff’s service: Paying a fee to have a local sheriff deliver the papers to your spouse.
  • Certified mail: Sending the divorce documents via certified mail, so you have proof they received them.

After they’ve been served, your spouse has 30 days to respond. This ensures both parties are aware of and involved in the proceedings.

Step 3: Response to Divorce Petition

When your spouse responds to the divorce petition, they will file an answer with the court, acknowledging the petition and addressing any issues raised. They may also file counterclaims and can bring up their own requests related to the divorce. If your spouse doesn’t respond within 30 days, they may be considered to have defaulted, meaning you can proceed with the divorce without their response.

Step 4: Mediation and Settlement

In North Carolina, mediation is highly encouraged to help couples resolve their differences during a divorce. This involves a neutral mediator who facilitates discussions, helping both parties find common ground on important issues like child custody, support, and property division. There are two main types of divorce: an uncontested divorce, where both spouses agree on everything, making the process smoother and quicker, and a contested divorce, where there are disagreements that lead to a more complex and long process. Mediation is typically helpful in a contested divorce to help reach agreements. 

Step 5: Divorce Hearing and Final Judgment

If you and your spouse can’t reach a settlement, you’ll need to attend a divorce hearing, this is where both sides present their cases before a judge. During this hearing, the judge will review the evidence and make decisions about unresolved issues like child custody and property division. Once the judge has made their ruling, they will issue a final divorce decree, which officially ends your marriage. After that, it’s important to obtain a certified copy of the divorce certificate for your records. This document may be needed for things like changing your name or updating financial accounts.

Get Help Navigating Your Divorce Journey in North Carolina

Understanding the steps involved in the divorce process in North Carolina can make this already difficult process much easier. The divorce process in North Carolina involves several important steps, from determining eligibility and filing the divorce petition to resolving key issues and possibly attending a hearing.

If divorce is in your future, make sure you have a skilled advocate on your side who can guide you through every stage of the process. At the Law Office of Stephen E. Robertson, PLLC, we take pride in helping our clients obtain fair settlements that enable them to have the brightest future. Contact us today to schedule a consultation with our attorneys.