US Legal Forms
Forms Kit
North Carolina Divorce Forms and Information
North Carolina
North Carolina No-Fault Agreed Uncontested Divorce Package for...

Nc No Fault Divorce With Child In Texas

Category:

Family Law - Divorce - No Children

State:

North Carolina

Control #:

NC-008-D

Format:

Instant download

Description

The Nc no fault divorce with child in Texas is a legal form designed for couples seeking a divorce without assigning blame. Key features of this form include provisions for child custody and support, which are critical when minor children are involved. Users must agree on all terms of the divorce to utilize this form, accommodating specific requirements related to the absence of fault and evidence of separation. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form useful for facilitating amicable divorce processes, particularly when children are involved. Filling and editing instructions emphasize the importance of clear communication between parties, ensuring all necessary documents are completed and filed correctly. The form promotes a streamlined process for those looking to resolve their divorce amicably, making it suitable for situations where both parties are cooperative. Overall, this form serves as an essential tool for effectively navigating the divorce process in Texas, especially for those prioritizing the welfare of their children.

Parent parents adoption form ontario

View this form

Return to Work Interview Form

View this form

Alias Warrant of Arrest for Failure of Def...

View this form

Assignment of Money Due

View this form

Order Probating Will and Granting Letters ...

View this form

Divorce Worksheet and Law Summary for Cont...

View this form

Transfer on Death Deed - Individual to Ind...

View this form

Affidavit with Answers to Questions Regard...

View this form

Sample Letter regarding Answer to a Counte...

View this form

Application for Entry of Default - Affidav...

View this form

How to fill out North Carolina No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

Getting a go-to place to take the most current and appropriate legal templates is half the struggle of dealing with bureaucracy. Discovering the right legal papers demands precision and attention to detail, which explains why it is vital to take samples of Nc No Fault Divorce With Child In Texas only from trustworthy sources, like US Legal Forms. An improper template will waste your time and delay the situation you are in. With US Legal Forms, you have little to worry about. You can access and view all the details concerning the document’s use and relevance for your circumstances and in your state or region.

Take the following steps to complete your Nc No Fault Divorce With Child In Texas:

Utilize the library navigation or search field to locate your template.
Open the form’s information to see if it suits the requirements of your state and area.
Open the form preview, if there is one, to make sure the form is the one you are searching for.
Return to the search and look for the right document if the Nc No Fault Divorce With Child In Texas does not fit your needs.
If you are positive about the form’s relevance, download it.
If you are an authorized customer, click Log in to authenticate and access your selected templates in My Forms.
If you do not have an account yet, click Buy now to get the template.
Select the pricing plan that suits your preferences.
Go on to the registration to complete your purchase.
Finalize your purchase by choosing a payment method (credit card or PayPal).
Select the document format for downloading Nc No Fault Divorce With Child In Texas.
When you have the form on your device, you can modify it with the editor or print it and finish it manually.

Eliminate the inconvenience that comes with your legal paperwork. Explore the extensive US Legal Forms catalog where you can find legal templates, check their relevance to your circumstances, and download them on the spot.

Divorce Package

Make the process of finding the needed Divorce Package more straightforward. Choose your state, clarify circumstances, and get forms that suit your case.

Try now

Form popularity

FAQ

North Carolina is a No-Fault State for Divorce In filing for absolute divorce in North Carolina, there are only two requirements: A couple must have been physically separated for at least one year; and. At least one spouse has resided in North Carolina six months prior to filing.

Texas requires a 60-day ?cooling off? period once a petition for divorce has been filed. Once the 60-day period has passed, a divorce order may be entered. Therefore, if the parties have come to a full agreement, they could be divorced in as little as two months. Typically, even uncontested cases take 90 to 120 days.

Uncontested divorces are not granted to couples with minor children in Texas. Rather, a form of "agreed divorce" is granted. This means you both must agree on all issues related to the divorce (including child custody and child support), and you are both willing to sign all court forms.

Typically a divorce involving children where parents are able to use mediation to agree on all key issues will take around six months, while a contested divorce where parents cannot agree on a child custody arrangement could take over a year.

A contested divorce in Texas means the spouses do not agree to all the terms of the divorce, including concerns like child custody, child support, and property division. With a contested divorce, each spouse needs to hire a Texas divorce lawyer to represent him or her for a chance of getting the desired outcome.

Trusted and secure by over 3 million people of the world’s leading companies

North Carolina No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Divorce - State Law Summary - North Carolina

Notes: This law summary is not intended to be an all-inclusive summary of the laws of divorce in North Carolina, but does include basic and other procedures.

Grounds

A divorce may be granted in North Carolina based upon the incurable insanity or mental illness of one of the spouses, or upon the parties living separate and apart for a period of one year without cohabitation. 50-5.1, 50-6

Residency requirements

At least one of the parties to the action for divorce must have resided in the State of North Carolina for at least six months immediately prior to the institution of the action for divorce. 50-5.1, 50-6

Venue

An action for divorce may be filed in the county where either party resides. 50-3

Name of court and title of action/parties

A Complaint for divorce is filed in either the Superior or District Court. The title of the action initiating the divorce proceeding is the Complaint for Divorce, while the title of the action granting the divorce is the Decree of Divorce. The party filing the action for divorce is the Plaintiff, while the other party to the action is referred to as the Defendant.

Simplified divorce procedure

If the parties are seeking a divorce based upon the parties having lived separate and apart without cohabitation for a period of at least one year, and the parties have agreed to all terms of the divorce, leaving no issues to be decided by the court, the court may grant the divorce, finding all requisite facts from nontestimonial evidence presented by affidavit, verified motion or other verified pleading. It shall not be necessary to allege in the complaint that the grounds for divorce have existed for at least six months prior to the filing of the complaint.

A party seeking to obtain a divorce under this provision may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof. The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party may serve opposing affidavits at least two days before the hearing. If the opposing affidavit is not served on the other parties at least two days before the hearing on the motion, the court may continue the matter for a reasonable period to allow the responding party to prepare a response, proceed with the matter without considering the untimely served affidavit, or take such other action as the ends of justice require. For the purpose of this two-day requirement only, service shall mean personal delivery, facsimile transmission, or other means such that the party actually receives the affidavit within the required time. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.

Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him. 50-10, G.S..1A-1, Rule 56

Legal separation

The court may grant a judgement of separation from bed and board (legal separation) on the following grounds:
1. Abandonment of spouse or family;
2. Maliciously turning the other spouse out of doors;
3. Cruel or barbarous treatment endangering the life of the other;
4. Personal indignities rendering condition of other spouse intolerable and life burdensome;
5. Excessive abuse of alcohol or drugs;
6. Adultery. 50-7

Alimony

Either party may be awarded alimony upon a finding that the party seeking alimony is dependant upon the other party for support and such an award would be equitable. Fault of the parties as it pertains to adultery during the marriage is considered when awarding alimony. Other factors the court will consider in determining the amount and duration of an award of alimony include:

1. Marital misconduct;
2. Relative earnings and earning capacities of the parties;
3. The ages, physical, mental and emotional health of the parties;
4. The amount and sources of income of both spouses;
5. The duration of the marriage;
6. The contribution of one spouse to the education, training or increased earning power of the other spouse;
7. The extent that serving as a child's custodian will affect a party's earning power, etc.;
8. The standard of living established during the marriage;
9. The relative education of the parties and the time necessary for a party to acquire sufficient education or training to meet his or her reasonable needs;
10. The relative assets and liabilities of the parties;
11. Any other relevant factor. 50-16.3A

Property division

The court shall divide the marital property equally between the parties unless the court determines that such a division is not equitable. Factors the court will consider in dividing the marital property between the parties include:

1.The income, property, and liabilities of the parties;
2. Any obligation for support from a previous marriage;
3.The duration of the marriage and the age, physical and mental health of the parties;
4.The needs of the custodial parent;
5.The expectation of pension, retirement or other deferred compensation rights that are not marital property;
6. The contribution to the decation or earning potential of the other spouse;
7. Any other factor the court deems just and proper.

Mediation

Whenever the court determines that custody is a contested issue in a divorce proceeding, the court shall order the parties to participate in a mediation program if one is available to the parties.

The purpose of mediation is to:

1. Reduce acrimony that exists between the parties;
2. The development of custody and visitation agreements that are in the child's best interests;
3. To provide the parties with informed choices and to give the parties the responsibility for making decisions about custody and visitation;
4. To provide structured, confidential, non-adversarial setting to facilitate the resolution of disputes;
5. To reduce the relitigation of custody and visitation disputes. 50-13.1

Child custody

Custody will be determined according to the best interests of the child. There is no presumption that one parent is better suited to promote the best interests of the child. Factors the court will consider in determining the child's best interests include:

1. Acts of domestic violence between the parties;
2. The safety of the child;
3. The safety of either parent from acts of domestic violence of the other parent.

An order of child custody may also contain provisions for visitation rights for any grandparent of the child. 50-13.2

Child support

Either parent may be ordered to pay child support in such amounts reasonable for the health, education, and maintenance of the child, after consideration is given to the estates, earnings, conditions, accustomed standard of living of child and parents, child care and other related issues.

North Carolina has enacted guidelines which establish the amount of support presumed to be correct. The court may deviate from the guidelines however, upon a finding that the application of the guidelines would be unjust or inappropriate under the particular facts of the case. If the court does deviate from the guidelines, it shall state its reasons for doing so in its order.

The court shall also order a party to provide health insurance for the child if such insurance is reasonably available. 50-13.4, 50-13.11

Name change

Either party may petition the court to permit that party to resume the use of a former or maiden name. 50-12

North Carolina No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Divorce - State Law Summary - North Carolina

Notes: This law summary is not intended to be an all-inclusive summary of the laws of divorce in North Carolina, but does include basic and other procedures.

Grounds

Residency requirements

Venue

An action for divorce may be filed in the county where either party resides. 50-3

Name of court and title of action/parties

Simplified divorce procedure

Legal separation

Alimony

Property division

Mediation

Whenever the court determines that custody is a contested issue in a divorce proceeding, the court shall order the parties to participate in a mediation program if one is available to the parties.

The purpose of mediation is to:

Child custody

1. Acts of domestic violence between the parties;
2. The safety of the child;
3. The safety of either parent from acts of domestic violence of the other parent.

An order of child custody may also contain provisions for visitation rights for any grandparent of the child. 50-13.2

Child support

The court shall also order a party to provide health insurance for the child if such insurance is reasonably available. 50-13.4, 50-13.11

Name change

Either party may petition the court to permit that party to resume the use of a former or maiden name. 50-12

Nc No Fault Divorce With Child In Texas

Description

Related forms

Viewed forms

How to fill out North Carolina No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

Divorce Package

Form popularity

FAQ

How do I file a no-fault divorce in NC?

How long does it take to get a divorce in Texas if both parties agree?

How do I file an uncontested divorce with my child in Texas?

How long does a divorce with kids take in Texas?

What is a contested divorce in Texas with children?

Trusted and secure by over 3 million people of the world’s leading companies

Nc No Fault Divorce With Child In Texas

Description

Related forms

Related legal definitions

Viewed forms

How to fill out North Carolina No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

Divorce Package

Form popularity

FAQ

How do I file a no-fault divorce in NC?

How long does it take to get a divorce in Texas if both parties agree?

How do I file an uncontested divorce with my child in Texas?

How long does a divorce with kids take in Texas?

What is a contested divorce in Texas with children?

Nc No Fault Divorce With Child In Texas Related Searches

Trusted and secure by over 3 million people of the world’s leading companies