Husband Petition For Dissolution In Mecklenburg
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The year waiting period shows the court that the marriage is irrevocably broken and cannot be reconciled. While the state does consider this separation as one ground of a divorce, it is not the only one. Incurable insanity and imprisonment are some of the other grounds for a divorce.
North Carolina law states that when one spouse files a divorce complaint, you have 30 days to resolve all issues. Those could be financial matters such as property and debt, and child custody and visitation. If you can't agree on all issues during this 30-day waiting period, divorce laws order mediation.
You are eligible to file for divorce, also called an “absolute divorce,” only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.
The defendant spouse has 30 days to respond to the divorce complaint after he or she has been served. If the parties agree and want to speed up the process, the defendant can simply sign waive the right to answer.
In general, it takes at least 45-90 days to get divorced. Do I really need to hire an attorney? At least in Mecklenburg County, hiring a lawyer is not essential.
Regarding the basic filing requirements with the clerk of court, it generally takes at least 45-90 days to get divorced in North Carolina. After divorce documents are served to your spouse, there is a 30-day waiting period even if your spouse signs the documents right away.
Steps for Getting an Absolute Divorce Complete the Court Forms. File Court Papers in the Clerk of Court's Office. Serve the Papers on the Defendant (your Spouse) Wait 30 days, then set date for Hearing. Go to Court with prepared Judgment for Judge's review.
NC is a no fault state to obtain a divorce but you have to wait a year and a day to file for an absolute divorce. There are no exceptions. It may not hurt to have a separation agreement in place until then though. I suggest you consult with an attorney in your county to see what is best for your specific situation.
In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.
Forms to file for divorce may be obtained from the SelfServe Center, located on the third floor of the Mecklenburg County Courthouse. Yes, your divorce forms are not complete until you fill-in all the blanks requesting information.
