the legal path of divorce
Divorce can be a long and complicated process, but we will work to make it as smooth as possible. I'm here to answer any questions you may have and guide you through the legal system.
The following information outlines the basic process of getting a divorce in North Carolina:
Meeting the residency requirement: At least one of the spouses must have resided in North Carolina for at least six months prior to filing for divorce.
Filing a complaint: The spouse who wants the divorce must file a complaint in the appropriate county courthouse, citing the grounds for the divorce (either a one-year separation or incurable insanity).
Serving the complaint: The complaint must be served to the other spouse, along with a summons to appear in court.
Waiting period: If the grounds for the divorce is a one-year separation, the spouses must have lived apart continuously for at least one year before filing for divorce.
Negotiating a settlement or going to court: If the spouses can agree on the terms of the divorce (such as property division, child custody, and support), they can negotiate a settlement outside of court. If they cannot agree, the case will go to trial, and a judge will make the final decisions.
Finalizing the divorce: Once the terms of the divorce are agreed upon or ordered by the court, a judge will issue a divorce decree, finalizing the divorce.
It is important to note that divorce laws and procedures can vary depending on the circumstances of the case and the jurisdiction in which the divorce is filed. Issues such as equitable distribution, child custody, and child support can complicate the divorce process. While these topcis will be covered in future blog posts, feel free to setup a consultation to discuss the best strategy for your specific case.
