What is a divorce decree? Simply put, it is the official court order that legally ends a marriage. Often, it will contain not only the legal decree but also the terms of the divorce regarding the various issues in the case. After it is entered, the parties are officially free to move forward and move on with their separate lives.
Understanding a divorce decree, why it’s important, and what legal obligations you may have after it is entered is essential. After all, while a divorce decree may seem simple, the divorce process may not be. Let’s quickly look at the requirements to file for divorce and the process itself.
Are There Legal Requirements to Proceed with a Divorce?
In North Carolina, as in all states, there are various requirements that couples must meet before being able to proceed with a divorce. All states have slightly different rules. In North Carolina, to pursue a divorce, a party must meet the following two requirements:
- Residency: Before filing for divorce in North Carolina, at least one of the spouses must be a resident. For divorce-related purposes, being a “resident” means that the spouse must have lived in the state for at least six months immediately before filing for divorce.
- Separation: In addition to the residency requirement, those who wish to obtain a divorce in North Carolina must live separately for at least one continuous calendar year before filing for the divorce. This means that the parties live separately, with the intention not to resume the marriage. If, at any time, the parties do resume engaging behaviors consistent with a marital relationship or being living together again, the clock will reset. Often, we are asked if the parties can live in the same home and sleep in separate bedrooms. This is generally not advised. Individual residents are recommended to avoid any confusion, legal or otherwise.
If these two requirements are met, the parties can file for divorce and pursue a divorce decree.
We are often also asked if any “fault” is required to pursue a divorce. The answer is no. In the past, most states did require some marital misconduct that served as the grounds for the divorce. Today, that is no longer the case. Sometimes, marriages end because a couple has grown apart – and that’s okay. All that is necessary to move forward with the process is to meet the two requirements above.
A Closer Look at the Divorce Process
Just as every marriage is different, so too is every divorce. You may confront different issues than other couples, and there are many ways that you may choose to resolve those issues. The general divorce process itself, however, is often similar for most people going through a divorce. The general process includes:
- Finding an attorney: The importance of this first step cannot be overstated. Finding an attorney with whom you can work well and who knows and understands the law is essential. It can make the difference between a smooth and stressful process.
- Gathering information: After deciding on an attorney, you’ll be ready to gather the information required for the divorce. This may include bank statements, a list of assets and debts, tax documents, medical records, and more. Your attorney should be able to guide you through collecting this information as you prepare to file your petition.
- Filing your paperwork: After gathering the necessary information, you can file your divorce petition. This is a relatively simple process. Essentially, your attorney will file the required paperwork with the court clerk in your county of residence. The paperwork consists of a complaint, which sets forth the spouse’s intent to divorce and outlines the various issues to be addressed, including matters like property division, child custody, child support, and others. It will also be necessary to pay a filing fee, usually around $225.
- Waiting for a response: After your petition is filed and served on your spouse, it will be your spouse’s turn to retain an attorney, gather information, and file a response. At that point, your divorce case will officially be underway.
- Conducting discovery and engaging in negotiation: This is the phase of the case where the parties exchange information (often called “discovery” in the legal world) and then work together to negotiate resolutions to their issues that work well for everyone.
- Resolving your issues by agreement or court order: Typically, there are two ways to fix your divorce. Today, many couples choose to resolve their problems entirely outside of a courtroom, using alternative resolution methods like mediation, arbitration, or collaborative law. In other cases, for any number of reasons, a couple may not be able to resolve their issues independently. In those situations, presenting arguments and evidence to a court and allowing a judge to decide is the best option.
- Entry of an official divorce decree: Once your divorce decree is entered, you will be officially divorced and ready to move toward a new chapter. Regardless of whether you have resolved your divorce by agreement or court order, it is essential to follow the terms of that agreement or order until and if it is later changed.
While this is intended to be a helpful general overview, it is no substitute for guidance from an attorney who knows and understands the law and can give you specialized advice regarding your circumstances and what the divorce process might look like for you.
How Do I Get a Copy of My Divorce Decree?
States and jurisdictions may have different procedures for obtaining a copy of a divorce decree. In North Carolina, to get a copy of your divorce decree, you will generally need to request the clerk of vital records in the county where your divorce was entered. Often, the clerk will need to see a valid form of identification, like a driver’s license, passport, or military ID.
The Law Office of Dustin McCrary – Here for You
At The Law Office of Dustin McCrary, the divorce process can initially seem overwhelming. Finding yourself at the beginning of a journey can be challenging, unsure of where the path will lead and how you’ll confront all the issues. That’s understandable. It’s also why you need a knowledgeable and experienced guide to walk with you each step of the way. That’s what we’re here to do. We are passionate about helping our clients through this process and on to a better chapter ahead. If you’re ready to get started, give us a call today.
We look forward to helping you soon.