Whether filing or being served, divorce papers in North Carolina can be confusing, emotionally taxing, and an added stressor in an already stressful season of life. The legal complexities of divorce papers can exacerbate the relational challenges that arise when navigating a divorce. Incorrectly submitted divorce papers can slow down the process, which can lead to greater conflicts and additional frustrations.
Therefore, understanding the divorce process in North Carolina may be key to avoiding these issues and smoothing out conflicts. Knowing what to submit, when to submit it, and what additional resources are required could take the pressure off the individual and may help promote a more amicable divorce.
A skilled North Carolina divorce attorney from King Law Offices may be able to clarify which documents are required and how to properly file them. Consider scheduling a consultation today by calling (888) 748-KING for more details.
Legal Requirements Before Divorce
Divorce papers are often important, and one of the primary methods of moving the divorce process along, but North Carolina also has several requirements that could impact the filing of divorce papers. North Carolina offers both fault and no-fault divorce, but there are certain expectations and requirements for no-fault divorce.
For a no-fault divorce, the petitioner must have been a North Carolina resident for at least six months, and the couple must be legally separated for at least twelve months. While the state does not require a formal separation agreement to recognize the spouses as separated, they must be living in different houses and at least one spouse must intend the separation to be permanent. According to the North Carolina Judicial Branch, living in separate rooms of the same house does not qualify spouses as separated.
A separation agreement is allowed in North Carolina, and it may help settle matters more quickly when it comes to filing divorce papers. Separation agreements could help clarify intentions and may come into play in a divorce case, but they are not required for divorce.
Divorce Papers and Forms
After establishing residency and completing the twelve-month separation period, the plaintiff may begin the process of filing divorce papers. For an uncontested divorce, this may pass quickly and painlessly, assuming both spouses agree on a marriage settlement. However, if spouses are unable to agree or if marital misconduct is involved, they may contest the divorce which could take much longer and cost much more.
A seasoned divorce attorney from King Law Office may provide details on the various divorce papers required by contested and uncontested divorces.
Complaint for Absolute Divorce
In general, the first of the required divorce papers is the complaint for absolute divorce. This form initiates the divorce process, notifying the courts of the plaintiff’s intent to divorce their spouse. A complaint for absolute divorce may require basic information regarding the names of both spouses, the intent to divorce, and any information regarding children from the marriage. Once this form is filed, the divorce process has begun officially.
Civil Summons
This form is generally what is referred to when serving the defendant with divorce papers. A civil summons informs the other spouse of the plaintiff’s intent to divorce and provides a deadline for them to respond. This helps to ensure that the other party is made aware of relevant court dates and expectations upon them. Should the defendant fail to respond, the divorce may be granted by default. Additionally, the plaintiff is not allowed to serve their spouse with divorce papers. However, a sheriff may be able to deliver them or the divorce papers could be delivered by mail.
Domestic Civil Action Cover Sheet
A domestic civil actions cover sheet informs the courts of the nature of the case. When filing these divorce papers, one may be expected to outline any grievances that could affect the case. If a couple is unable to agree on certain aspects of the divorce, this may also be where the plaintiff details the issues that the court may need to rule on.
Service Members Civil Relief Act Affidavit
Additionally, the plaintiff may be required to fill out a Servicemembers Civil Relief Act Affidavit. Unlike the other divorce papers an individual must file, this is specifically about the military service of the defendant. This form is designed to assist military service members with acquiring an attorney and finding representation should they be unable to respond due to military service.
Preparing and Filing Forms
However, depending on the specific circumstances of the divorce, these may not be the only divorce papers required. Additionally, there may be certain requirements for those filing these forms. Understanding both how to file divorce papers and how to respond when receiving them may help avoid issues and conflicts that could harm a case.
Serving Divorce Papers
There are several ways to serve divorce papers in North Carolina. Generally, the most straightforward is to service the papers by a sheriff, who will deliver the papers to the spouse in question. However, one can also serve divorce papers via mail or delivery service or with a waiver of service. If you are unable to locate your spouse, the courts may be able to serve these divorce papers via publication. This will place a notice about the pending divorce in the local newspapers.
Receiving Divorce Papers
When receiving divorce papers, the respondent generally has 30 days to respond. This response could be an acceptance of the terms set in a negotiated marriage settlement, or the response could lead to litigation in a contested divorce. However, ensuring that the response is submitted within the deadline provided may help avoid confusion and potential divorce by default.
Divorce Filing Fees
The plaintiff may also face several fees required to file divorce papers, which can vary based on county and other factors. Generally, there will be a filing fee for the complaint for absolute divorce. There may also be delivery fees for the service of divorce papers, which can vary depending on the method of delivery selected. However, if the plaintiff is unable to pay the fees, they may be able to request a fee waiver.
Contact an Experienced South Carolina Family Lawyer Today
Divorce papers can be complex and challenging, especially during an emotionally turbulent time of life. Understanding what to file and when could cause unnecessary conflict which could lead to legal consequences. However, an experienced North Carolina divorce lawyer may be able to help clarify the process and advise their client on how to proceed. Consider scheduling a consultation today by calling (888) 748-KING.