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While property division, child custody, and spousal support are all aspects of the divorce process, the actual divorce itself is called an absolute divorce. This is when the marriage itself is dissolved and both parties are legally able to move on. Often, for couples who don’t have complicated financial holdings, children, or one party is contesting the divorce, the absolute divorce, also called, simple divorce, is the only step necessary.
But despite being called simple, sometimes the process is anything but, and having experienced Raleigh divorce lawyers on your side can prevent costly mistakes or losing out on your rights.
North Carolina Divorce Guidelines
In North Carolina, filing for an absolute divorce involves a series of legal steps and requirements. This process begins after specific conditions are met regarding residency and separation. Below is a detailed breakdown of the steps required to file for absolute divorce. Understanding the divorce proceedings is crucial for both uncontested and contested divorces, ensuring all paperwork and agreements are accurately handled.
Residency and Separation Requirements
Before a couple can file for divorce in North Carolina, they must meet two critical criteria:
12-Month Separation
The couple must have lived separately for at least 12 consecutive months. During this time, they must have maintained separate residences, and one party must have intended for the separation to be permanent. Importantly, any reconciliation or cohabitation during this period can reset the 12-month clock, delaying eligibility for divorce.
Residency Requirement
At least one spouse must have been a resident of North Carolina for six months prior to filing the divorce. This requirement ensures that the courts have jurisdiction over the divorce case.
Once these conditions are satisfied, the party seeking the divorce, known as the Plaintiff, can move forward with the legal filing process. It is also advisable to have a separation agreement in place to protect individual interests and outline specific terms during the separation period.
Preparing and Filing the Complaint for Absolute Divorce
After meeting the residency and separation criteria, the Plaintiff must prepare a Complaint for Absolute Divorce. This document officially begins the divorce process and provides the court with key information about the marriage and separation.
The Complaint must include:
Date of Marriage
The Plaintiff must state when the couple was legally married.
Current Marital Status
The Complaint should confirm that the couple remains legally married, despite living separately.
Separation Duration
The Plaintiff must affirm that the couple has been separated for at least 12 months, and that at least one spouse intended for the separation to be permanent.
No Reconciliation
It must be clearly stated that the parties have not resumed the marital relationship at any point during the separation.
Once the divorce judgment is finalized, the parties are free to remarry, indicating the finality and legal implications of the divorce judgment.
In addition to the Complaint for Absolute Divorce, the Plaintiff must also prepare a Civil Summons and other documents required by the local court. In Wake County, for example, these additional documents may include cover sheets specific to family law cases. Filing these documents ensures that the divorce case is properly initiated.
Filing in the Correct County
The divorce must be filed in the county where the Plaintiff resides. For instance, if you live in Raleigh, the appropriate filing would be in Wake County. Each county may have slightly different requirements or forms, so it’s important to check with the Clerk of Court in your county to ensure all necessary documents are included with the filing. Consulting a Raleigh divorce attorney can help navigate these local requirements and ensure a smoother process.
Serving the Divorce Papers
Once the Complaint and accompanying documents are filed with the court, the next step is to officially notify the other spouse, known as the Defendant. The Plaintiff is responsible for ensuring that the Defendant is properly served with the divorce papers. In North Carolina, this can be done through several methods:
Sheriff’s Office
The sheriff in the county where the Defendant lives can serve the divorce papers for a fee.
Certified Mail
Divorce papers can be sent to the Defendant by certified mail, requiring a signature upon delivery.
Service by Publication
If the Defendant cannot be located after a diligent search, the Plaintiff may ask the court to approve service by publication, where notice of the divorce is published in a local newspaper.
Service is a critical step in the divorce process, as the Defendant must have formal notice of the proceedings. Once the Defendant is served, they have 30 days to file a response, though this can be extended if they request additional time. Opting for an amicable divorce can help avoid adversarial court battles, reduce costs, and lead to quicker resolutions.
Next Steps After Service
Once the Defendant has been served and the 30-day response period has passed, the divorce can proceed to the next stage. If the Defendant does not contest the divorce, the Plaintiff can move forward with requesting a Motion for Summary Judgment or schedule a hearing date for the final divorce decree. If all paperwork is in order and no disputes exist, the divorce can be finalized relatively quickly.
Understanding Uncontested Divorce
An uncontested divorce is a type of divorce where both parties agree on all terms, including property division, child custody, and spousal support. This type of divorce is often less expensive and less time-consuming than a contested divorce, making it an attractive option for many couples. In North Carolina, an uncontested divorce can be filed if the couple has been living separately for at least one year and has resolved all matters surrounding the dissolution of their marriage.
To qualify for an uncontested divorce in North Carolina, the couple must meet specific requirements:
Living Separately for One Year
The couple must have lived apart for at least one year, maintaining separate residences.
Residency Requirement
At least one spouse must have resided in North Carolina for at least six months before filing.
Agreement on All Terms
Both parties must agree on all aspects of the divorce, including property division, child custody, and spousal support.
An uncontested divorce can be a good option for couples who can communicate and make decisions amicably. However, it’s still crucial to have a divorce lawyer in Raleigh to ensure that the divorce process is handled correctly and that your rights are protected. Even in an uncontested divorce, a lawyer can help you navigate the legal requirements and avoid potential pitfalls.
The Role of a Divorce Lawyer in North Carolina
A divorce lawyer in North Carolina plays a crucial role in the divorce process, even in uncontested divorces. Navigating the complexities of divorce law can be challenging, and having a knowledgeable attorney by your side ensures that your rights are protected and that you receive a fair settlement.
Some of the key roles of a divorce lawyer in North Carolina include:
Drafting and Filing Paperwork
A divorce lawyer will prepare and file the divorce complaint and other necessary documents, ensuring that all legal requirements are met.
Negotiating Terms
Whether it’s property division, child custody, or spousal support, a lawyer can help negotiate terms that are fair and in your best interest.
Court Representation
If your case goes to court, a divorce lawyer will represent you, advocating on your behalf to achieve the best possible outcome.
Guidance and Support
Throughout the divorce process, a lawyer provides valuable guidance and support, helping you understand your rights and options.
In an uncontested divorce, a divorce lawyer can help ensure that the process is handled smoothly and that all agreements are legally sound. They can also assist in negotiating terms to ensure that you receive a fair settlement.
In a contested divorce, the role of a lawyer becomes even more critical. They will represent you in court, navigate the complexities of the legal system, and work to protect your interests.
Overall, a divorce lawyer in North Carolina provides essential support and expertise, ensuring that your rights are protected and that you achieve a fair and equitable divorce settlement.
Having a Divorce Finalized in North Carolina
Once the paperwork is filed, a hearing will be scheduled and both parties will receive notice. Prior to this, any issues related to property distribution or spousal support must be either finalized or have a pending claim on them. Otherwise, if your divorce is finalized without a solution, you are waiving your right to have these issues adjudicated in court.
After the hearing, assuming everything is properly filed, the judge will grant your divorce. Then, the judgement ordering your divorce must be signed and filed by the judge. In addition, a certificate of divorce will be prepared and filed for the record.
Working with an Attorney for an Uncontested Divorce
Raleigh uncontested divorce lawyers can make the process smoother, faster, and more efficient, even in seemingly straightforward cases. While you may not face the complex asset division or spousal disputes typical in more complicated divorces, having professional legal assistance can still be crucial to avoid errors, protect your rights, and ensure the process goes as smoothly as possible.
Minimize Errors and Streamline Paperwork
Though a simple divorce may not involve contested issues, Raleigh divorce attorneys can ensure the paperwork is completed accurately. Even small mistakes in the documents or missing required steps in the filing process can delay your divorce and lead to additional court costs.
An experienced attorney can help ensure that all forms are filled out correctly, filed in the right courthouse, and adhere to any deadlines set by the court. This proactive approach minimizes the risk of errors, saving you time and potentially expensive corrections. Your attorney will also be familiar with the local court’s procedures, allowing them to handle the process efficiently on your behalf.
Motion for Summary Judgment: Avoid Attending Court
One of the key benefits of having an attorney in a simple divorce is their ability to keep you from needing to attend a court hearing. After the divorce paperwork is filed and a hearing is scheduled, your attorney can submit a Motion for Summary Judgment.
This motion allows the clerk of the court to finalize the divorce without you having to appear in person, saving you both time and stress. This convenience is especially important if you have a busy schedule or prefer to keep the divorce process as low-key as possible.
Protecting Your Legal Rights
Even in a simple divorce, it is important to understand your legal rights—especially when it comes to property distribution and spousal support. In North Carolina, equitable distribution laws require that all marital property is divided fairly, though not necessarily equally.
Without proper guidance, you may overlook certain assets or fail to receive what you are entitled to. An attorney can review your case and ensure that all property, including financial accounts, real estate, and other assets, is properly divided under North Carolina law. They can also help you understand whether you may be entitled to spousal support (alimony) based on the length of your marriage, the income disparity between you and your spouse, and other factors.
Advocate for Your Future Security
Divorce isn’t just about ending a marriage—it’s about securing your future. Having a divorce attorney on your side means you have an advocate who is committed to protecting your long-term interests.
Whether it’s ensuring that the division of property is fair, helping you understand your spousal support rights, or addressing any custody arrangements, your attorney will work to safeguard your financial and personal well-being.
By having a professional review your situation and advocate on your behalf, you can move forward from the divorce with confidence and peace of mind, knowing that your rights are fully protected.
Schedule a Consultation for Simple Divorce in Raleigh
We understand the divorce process can be complicated and overwhelming, and without proper legal counsel, you may be forgoing what is rightfully yours. If you have questions about simple divorce, our attorneys are here to help. Call or complete the form below to learn more and schedule your no-obligation consultation.
