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When you first start to consider getting a divorce, there are a ton of emotions you have to go through. Knowing that your marriage could potentially be coming to an end is a hard realization, one that often is accompanied many questions and concerns. With that said, it’s important to know what your legal options are. After all, divorce procedures vary from state to state. In order to give you a better idea of how you should proceed, we have put together a list of some of the most commonly asked questions we get from clients at Sussman Law Firm. Continue reading below to learn how divorce works in North Carolina.
If you want to file for divorce in the state of North Carolina, there are a few stipulations. First of all, the couple must live separately for one year. Additionally, one of the parties must have lived in the state for at least six months before you can file.
In rare cases, divorce can also be applied for on the basis of incurable insanity. This does not occur often, however, because it requires that the couple live separately for three years. There also must be viable proof of incurable insanity.
There is no way to know precisely how much getting divorced will cost you. While the cost to simply file an Absolute Divorce action is only $75, there are plenty of additional charges you need to think about. These can include the costs of serving the other part, filing court documents, changing your name and hiring an attorney.
While hiring an attorney is not required, it is recommended. This is true especially if you are granted your divorce, as there will be divorce papers that should be reviewed by legal counsel before you ever sign them. Without the help of a family law attorney, you may find yourself getting the short end of the stick when your divorce is final.
Marital fault is not a factor in North Carolina as it is a no-fault state. On the other hand, North Carolina does consider fault when it concerns certain situations like alimony and room and board.
The situations that allow for a couple to get an annulment in North Carolina are few and far between. If the married couple are nearer in relation than first cousins, they may petition the court for an annulment. Additionally, if one of the members of the marriage is less than 16 years old, an annulment may be possible, only however, if the female did not have a child or is not pregnant as a result of the marriage.
Additional qualifiers for an annulment are if one of the parties is already married, or if either people in the marriage are impotent when the marriage takes place. Furthermore, any marriage that took place because of coercion or due to one party not being aware of what was happening can also be considered for an annulment rather than a divorce.
In order to file for an Absolute Divorce in the state of North Carolina, you have to wait until you and your spouse have been separated for one year. Additionally, at least one of the parties must have lived in the state for a minimum of six months before filing.
Depending on your individual situation, you may or may not have to go to court. There are certain counties in North Carolina that allow for you to get a divorce without ever stepping foot in a courtroom. However, in other counties, the court will need to take the testimony of at least one member of the marriage so that it can be decided whether an Absolute Divorce is the right choice.
Thankfully, North Carolina is a state that allows for a divorce to be obtained even if both parties are not on board. As long as you qualify for a divorce per the regular stipulations or separation and residence, consent from both parties is not needed.
If you are ready to begin the divorce process, the very first step you should take is to hire an experienced family law attorney. Having someone on your side who knows the ins and outs of the process will absolutely make things easier for you in the long run. Sussman Law Firm has been helping people through this complicated process for years. Call us today and allow us to set up a time for a legal consultation so that you can feel comfortable moving forward with your divorce.