If you’ve decided to end your marriage, you may be wondering what comes next. The North Carolina divorce process involves several stages, from meeting the requirements and filing the complaint to resolving all issues and obtaining a final decree.
Navigating a complex legal system at the same time as a divorce can be challenging, but you don’t have to do it alone. Contact Caulder & Valentine Law Firm, PLLC today to learn how our experienced family law attorneys can guide you through divorce proceedings in North Carolina.
Step-by-Step Guide to the Divorce Process
While every case is different, filing for divorce in NC generally includes the following steps:
Meet the Legal Requirements for Divorce
North Carolina is a no-fault state for absolute divorce, meaning that couples don’t need to prove grounds for the divorce, such as adultery or abuse. Instead, no-fault divorces allow couples to end their marriage due to irreconcilable differences.
However, North Carolina divorce requirements under N.C.G.S. § 50-6 won’t allow a couple to file until they have lived in separate homes for at least one year, while at least one spouse considered the split permanent. Also, either spouse must have lived in North Carolina for at least six months before filing the divorce complaint.
File the Divorce Complaint and Serve Other Spouse
A divorce case begins when a spouse files a complaint in a North Carolina district court, detailing the facts of the case and formally requesting the divorce. The complaint must also include a summons, a domestic civil action cover sheet, and an affidavit disclosing the other spouse’s military status. If they plan to file for property division or alimony, this is the time to make the request and provide supporting facts.
The filing spouse typically must pay a $225 filing fee, although they can request a waiver in certain cases.
After filing the complaint, the spouse must serve a copy of the complaint and summons on the other spouse or obtain a waiver of service. Service must occur either in person by a sheriff’s deputy or via certified mail, FedEx, or UPS. Service by mail requires proof that the spouse received the mailing. In extreme cases, the notice may be published in the newspaper.
Address All Relevant Issues
Before finalizing a divorce, a couple must address issues relevant to their marriage, such as dividing marital property, determining child custody and support, and establishing alimony obligations.
North Carolina couples may have contested or uncontested divorces when it comes to resolving these matters:
- Contested divorce – A couple may disagree on one or more issues, such as property division or child custody.
- Uncontested divorce – The couple has settled all outstanding disputes, either through a prenuptial/postnuptial agreement or a divorce settlement agreement.
This step is crucial, as ex-spouses will lose the right to ask the court for property division or spousal support once the divorce is final.
Attend Mediation or Court Proceedings
Courts may require couples to attend mediation in divorce cases, especially when spouses contest child custody or property division. Other couples may choose to participate to resolve issues more amicably with solutions tailored to their family.
In mediation, a neutral third party, called a mediator, will help a couple negotiate a settlement on contested matters. If a couple still disagrees after mediation, the court will schedule a trial for the spouses to present their cases to the judge for a binding decision.
Finalize the Divorce
After the parties negotiate or litigate all matters in their divorce, the court can issue a final divorce decree that formally ends the couple’s marriage. The decree may incorporate the couple’s divorce settlement or include the court’s orders regarding property division, child support, custody, and spousal support.
How Long Does the Divorce Process Take in North Carolina?
How long the divorce process in North Carolina takes varies significantly based on the facts of each case. Some of the factors that can impact how quickly your case moves include:
- Whether the divorce is contested or uncontested
- How cooperative both spouses are
- The complexity of the couple’s financial situation
- Whether children are involved
- The court’s schedule
Having experienced legal representation can help you pursue a divorce efficiently and avoid unnecessary delays.
Why Hire a North Carolina Divorce Lawyer?
A divorce attorney in North Carolina can guide you through the legal process by:
- Explaining the requirements for filing for divorce in North Carolina
- Identifying outstanding disputes in your divorce case
- Preparing and filing the divorce complaint or answer
- Advising you during settlement negotiations or mediation
- Litigating on your behalf in court if necessary to resolve remaining disputed issues
At Caulder & Valentine Law Firm, PLLC, our attorneys bring over 25 years of combined experience in divorce cases and family law matters. Their legal knowledge and strategies have earned us a proven record of results, including helping one client protect over $1 million in retirement savings during separation and securing primary custody for another client during a vigorously contested case. Although our past results cannot guarantee future success, they reflect our determination to advocate for our clients.
We also take a client-focused approach to offer compassionate, tailored legal services. Our firm will provide you with consistent contact throughout your divorce matter, so you will never worry about where your case stands. As one client wrote of their experience with us:
“I had a great experience with Caulder & Valentine Law Firm, PLLC. I went in unknowing of the process and Jonathan Kidd made sure to explain in detail for me. He also made sure to be quick to respond anytime I had concerns. He was on top of everything and very professional and in the end we walked away with the outcome we hoped for. In any future issues I will continue to use Caulder & Valentine Law Firm, PLLC.” – Ryan Hegler
Contact the Family Law Attorneys at Caulder & Valentine Law Firm, PLLC in North Carolina
The end of a marriage can be difficult, but experienced legal counsel can make the experience less stressful. Contact Caulder & Valentine Law Firm, PLLC today for a confidential consultation with our family law attorneys to learn more about the divorce process in North Carolina.