If you’ve decided to get a divorce, you’ve probably spent a lot of time thinking through that decision. Divorce is never easy. However, if you believe it’s the best choice for your family and your future, you may be wondering what steps come next. That’s completely understandable.
In North Carolina, the divorce process begins by filing official paperwork with the court. Like many legal matters, there are specific forms, timelines, and legal requirements involved. Below is a closer look at what you need to know before filing and what the process typically looks like moving forward.
Before You Can File
In North Carolina, two requirements must be met before any divorce forms can be filed. These include:
Residency
At least one spouse must have lived in North Carolina for at least six months before being able to file for divorce. There is an exception to this rule for active-duty military personnel or their spouses stationed in North Carolina.
Legal Separation
North Carolina law requires that a couple live separately and apart for at least one full year with the intention of ending their marriage before they can file for divorce. In difficult economic times, we are often asked if living in separate parts of the house and not engaging in an intimate relationship would be sufficient to constitute a separation. That’s an understandable question, but it is typically not advised. Two separate residences are typically preferred, and the best way to ensure you meet the legal requirements.
Once both requirements are satisfied, the official divorce process can begin.
Do You Need Any Specific Reason to File for Divorce?
Many people wonder whether they must prove wrongdoing or misconduct to get divorced. In the past, many states required a spouse to show “fault” before a divorce could move forward. That is no longer the case.
North Carolina is a “no-fault” divorce state. This means spouses do not need to prove adultery, abandonment, or other misconduct in order to file for divorce.
However, it is important to understand that fault can still play a role in certain aspects of a divorce case. Depending on the circumstances, the court may consider marital misconduct when addressing issues between the parties. Whether fault becomes relevant will depend on the specific facts of the case and the court’s discretion.
Where and How to File for Divorce
A divorce case is typically filed with the clerk of the court in the county where either spouse lives.
Several documents are usually required when beginning the process.
Civil Summons
A “summons” is essentially a notice from one party to the other that a legal case has been filed, and the party is being “summoned” to participate. See the Civil Summons form linked here.
Complaint
The complaint is the official legal document that states one spouse’s intention to divorce and the reasons for doing so. It may also set forth the various issues in the divorce and the filing party’s basic positions on those issues. See the Complaint for Absolute Divorce linked here.
Domestic Civil Action Cover Sheet
A domestic civil action cover sheet is a one-page document that is required to be filed with a complaint in a divorce case to assist the court clerk in processing the case. This cover sheet summarizes the essential details of a case, including the parties involved, the nature of the case, and the relief requested. See the Domestic Civil Action Cover Sheet linked here.
Service Member’s Civil Relief Act Affidavit
This sworn legal document is filed with a divorce case to confirm whether one of the parties is in the military. It is intended to protect those in the military from judgment being entered against them while they are deployed.
After the initial documents are filed by the spouse initiating the divorce, they will be “served” on the other spouse. “Service” is a legal term that essentially means giving the paperwork to the other spouse. See the Service Member’s Civil Relief Act Affidavit linked here.
How Do You Serve Your Spouse?
Divorce paperwork can be served in several ways.
In many cases, a sheriff or another authorized person personally delivers the documents to the other spouse. Service may also be completed through certified mail or an approved delivery service such as FedEx or UPS.
When service is completed by mail or delivery service, proof of service should be filed with the court.
Sometimes, a spouse cannot be located despite repeated attempts. In those situations, service by publication in a newspaper may be possible after certain legal requirements are met. If this situation applies to your case, it is important to speak with an attorney about the best path forward.
What Happens After Service is Complete?
After being served, the other spouse generally has 30 days to file a formal response, known as an answer.
Once that response is filed, the divorce case officially moves forward. Typically, a party may request a court hearing after the 30-day response period has passed.
During a hearing, both parties can present evidence and arguments related to the issues in the case. The court will review the information presented and issue decisions that are legally binding on both parties.
Once the court enters an order, both parties are required to follow it unless the order is later modified.
The Law Office of Dustin McCrary – With You Every Step Of The Way
At The Law Office of Dustin McCrary, we understand that divorce can feel overwhelming, even under the best circumstances. You may have questions about filing paperwork, protecting your rights, or making important decisions for your family’s future.
You do not have to navigate the process alone.
Our team focuses exclusively on family law and understands every stage of the divorce process. Whether you need answers to straightforward legal questions or guidance through more complex issues, we are here to help.
If you’re ready to get started, give us a call today. We look forward to speaking with you soon.