An absolute divorce is the name for the legal procedure ending a marriage. Once a divorce is finalized, a person is now free to do several things. They can file a tax return using their income only, purchase real estate without the signature of the now former spouse and are free to remarry.
In order to file for divorce, North Carolina law requires both spouses to be living apart for one year. One spouse must have resided in the State of North Carolina for the previous six months. There must be intent by at least one spouse to remain living apart. No agreement is required in order to file for divorce. North Carolina does not permit exceptions to these requirements.
The legal proceeding for an action for Absolute Divorce begins with filing a Complaint. The Complaint must be filed the Office of the Clerk of Superior Court at the county Courthouse. The Divorce Complaint must contain certain facts such as where the spouses live, the date of marriage, the date of separation, and the names and dates of birth of any minor children the couple may have.
Once the absolute divorce Complaint is filed, the other spouse must be served with the paperwork. The most common method of service is to use the Sheriff in the county where the other spouse lives. Another method of service is to use the post office and send the paperwork by registered mail. Once the other spouse is served with the divorce complaint, proof of service must be filed with the Clerk of Superior Court.
The fee for filing a divorce complaint is $225.00. There is an additional fee of $25.00 if a spouse wants to resume use of her maiden name or a previous married name. In North Carolina, the Sheriff charges $30.00 to serve the paperwork. The fee to serve the paperwork using an out of state Sheriff varies according to the State where the other spouse lives. The cost to serve the paperwork by registered mail is approximately $10.00.
Once the paperwork is properly served, the other spouse has thirty days to file a written response. Their answer must be filed in the Office of the Clerk of Superior Court in the same county where the divorce complaint was filed. After 30 days, a divorce hearing may be scheduled. On the day of the hearing, the Judge will sign the divorce judgment. This will finalize the divorce process and end the marriage between the parties. In some instances, it is possible to complete the divorce process without a Court hearing. The Clerk of Superior Court is sometimes permitted to sign a divorce decree.
If you need assistance in obtaining a divorce, please contact The Law office of Stephen Robertson. Our experience and skilled Attorneys can assist you through the process. The law office of Stephen E Robertson has experienced family lawyers. Our lawyers serve as negotiators, advisors, advocates, intermediaries and evaluators in Child Support cases. We can be retained as private counsel to represent either custodial or noncustodial parents during the Child Support establishment and modification processes to benefit minor children.
We offer 15 minutes free phone consultation with our experienced Child Support lawyers in Greensboro, NC at link https://stevelawfirm.cliogrow.com/book or call us at 336-370-6760.
