When most people decide to get married, they expect it to be a lifelong decision –sometimes, that’s how it turns out. In other cases, however, for many reasons, a marriage may not be the “forever” that both people expected when they walked down the aisle. This isn’t necessarily anyone’s fault – sometimes people grow apart. And that’s okay.
If you find yourself in this situation, and you’ve decided that divorce is the best path forward for your future, you may be wondering how to file for divorce. You may have arrived at this page wondering how to take those first steps. If so, we’re glad to offer you some help.
Let’s examine the process of filing for divorce in North Carolina.
Do I Need a “Reason” to Get Divorced?
Many people ask this question before filing for divorce, and it’s understandable. In most states, having a “reason” for the divorce was usually required. Typically, this meant that one of the spouses committed some “misconduct” considered acceptable grounds for divorce under the law. Some examples include an affair, an addiction, abuse, or failing to care for the spouse or children, to name only a few.
Today, however, most states, including North Carolina, allow for what is known as a “no-fault” divorce. This means that a couple can obtain a divorce for any reason – or no reason at all. Couples are no longer required to explain why they want a divorce – it is enough to say they no longer wish to remain married.
So – Am I Eligible for a Divorce?
It’s true that “fault” is not required to obtain a divorce in North Carolina, but two things are necessary before a divorce can proceed. These include:
- Residency: Before filing for divorce in North Carolina, at least one of the spouses must be a resident. To be a “resident,” for purposes of pursuing a divorce, the spouse must have lived in the state for a minimum of six months directly before filing for the divorce. Factors that may indicate intent include registering to vote, paying taxes, obtaining a North Carolina driver’s license, and other similar activities.
- Physical Separation: In addition to the residency requirement, couples who wish to obtain a divorce in North Carolina must live separate and apart for at least one continuous calendar year before filing for the divorce. Essentially, this means that the parties live separately, with the intention not to resume the marriage. If, at any time, the parties do resume engaging in marital behaviors consistently or living together, 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 residences are recommended to avoid conflict or confusion later in the process.
Those who meet the preceding requirements may file for divorce in North Carolina. Let’s examine how.
Finding an Attorney and Filing Your Petition
After you’ve met the eligibility requirements to file for a divorce, you’ll be ready to proceed with the following steps. The first should be finding an attorney you trust to assist you with the process.
Often, people wonder if they should represent themselves during a divorce. They think they might save money or view their situation as “uncomplicated.” The truth is that even in simple circumstances, there can be unexpected complications. Without realizing it, those representing themselves often overlook asserting a critical right or make a costly error that takes money and time to fix. Choosing the right attorney is more cost-effective in the long run, not to mention reducing stress and saving time.
After selecting an attorney, you’ll be ready to file your divorce petition. This is a relatively simple process. Essentially, your attorney will file the necessary 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.
After you have filed your divorce petition, your spouse will be served and will have time to file a response. At that point, the divorce process will officially be underway.
How Long Will It Take Until I’m Divorced?
We’re often asked this question. Unfortunately, there is no definite answer. Although the actual filing process is relatively simple, it’s only one of many steps on a longer journey. It is the beginning of a process—and like all legal processes, it can be more or less complicated, depending upon the circumstances involved.
One of the factors that will ultimately influence the length of time the process takes the most is how cooperative the parties are with one another. The good news for those getting divorced today is that there are more options now than ever for resolving your divorce outside of a courtroom. Mediation, arbitration, collaborative law, and lawyer-led settlement negotiations are excellent methods for determining your issues quickly and cost-effectively than courtroom litigation.
In some cases, however, couples can’t cooperate and communicate to resolve their issues by agreement. In these situations, a court must become involved and decide the problems instead. Typically, this is a far more time-consuming option – but it is sometimes necessary.
WE ARE HERE FOR YOU
Wherever you find yourself in the divorce process – from initially contemplating divorce to drawing up a final agreement or anywhere in between, one thing is sure. It’s not a journey that you want to make alone. On a trip like this, you need an experienced guide. You need someone who understands the twists and turns of the path ahead and can give you the advice and help you need.
We’re here to do that at The Law Office of Dustin McCrary. We know and understand every aspect of the law – and we’re passionate about helping our clients through this process smoothly so they can start a better new chapter ahead. We’re here to help and would love to hear your story. We hope to speak with you soon.