Divorce is a complex process that involves a number of court battles and many other issues. Before filing a divorce, you need to know the grounds to file a divorce in North Carolina.G
Grounds to file divorce in North Carolina
You need to be a resident of North Carolina for 6 months at least. The couple that wanted to end their marriage should live apart for one year before filing for divorce in North Carolina. North Carolina allows for no-fault divorce only. But if you’re separated from your spouse for three years because of his mental condition or any health problem then you can file the divorce papers without completing this requirement.
The divorce from bed and board is not the divorce. It’s separation. It is eligible under few conditions only. A spouse can request DBB if their spouse is drug addicted or suffering from any serious disease. You can also take DBB if you want to resolve the problems of child support or the division of property. You are still required to fulfill the 12 monthly physical separation requirements no matter if you’re separated from DBB.
Step by step guidelines for North Carolina Divorce
Here’s the step by step guideline to file for divorce in North Carolina:
• If a married couple has decided to end their marriage, then it is necessary for them to live separately in different houses for at least one year. They can meet each other for any work purposes. If you move back together then your 12-month physical separation will be reset.
• To start the divorce procedure, one of the spouses is required to file the divorce papers in court with the help of the county clerk.
• The county clerk will progress the further procedure and delivered the divorce notice to the other spouse by mail.
• It is necessary for any one of the spouses to deliberate on divorce. That doesn’t matter if your spouse is not ready for it as long you wanted to end your marriage. There’s no need for your spouse’s sign or any type of involvement. He or She will receive the divorce notice once you file the divorce by your county clerk.
• If you want to resolve factors like child custody, property division, you should inform the court before you file the divorce papers. Make sure to resolve the factor of property division. If you both don’t file for property division at the time of divorce and go for a simple divorce then later you cannot take help from court anymore. It’s important for you to solve these issues before the divorce.
But if you both are going for simple divorce then you will get divorced easily without any problem. A simple divorce is the type of divorce where there’s no issue of child custody or spousal support. It can be approved by the judge without any complications.
• If you both are going for an amicable divorce then, the court may suggest you go for mediation. Mediation is the less time taking and complicated process of getting a divorce. It will help the couple to get the divorce without any type of court battle.
• You need to pay fees to your county clerk. He will approach your spouse by mail or any other method. You cannot contact your spouse directly. The judge will make the final decision for divorce. Before coming to any decision, the judge makes sure if the factors of child custody and property division are done and take suggestion from the lawyers of both spouses.
• Once the judge approves the North Carolina divorce papers, your marriage will end.
• If you have matters like division of assets or child support then both of you will sign an agreement. It’s a must for both of you to keep in mind the terms mentioned in the agreement. There’s no problem at all if you don’t file for child custody or child support any time if your child is under 18.
