North Carolina No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts
What this form package covers
The North Carolina No-Fault Uncontested Agreed Divorce Package is designed for couples looking to dissolve their marriage amicably when they have adult children and have either property or debts to address. This package provides essential forms and instructions that facilitate a smooth divorce process without the need for a court battle. Unlike contested divorce packages, this one emphasizes mutual agreement, making it suitable for couples who have resolved their differences and want to file for divorce collaboratively.
Forms provided in this package
- Complaint for Absolute Divorce for People with Adult Children
- Acceptance of Service and Waiver of Responsive Pleading
- Property Settlement Agreement with Adult Children
- Motion for Summary Judgment for Absolute Divorce
- Notice of Hearing
- Divorce by Summary Judgment with Adult Children
- Verification
- Summons
- Domestic Civil Action Cover Sheet
- Motion Cover Sheet
- Court Action Cover Sheet
When to use this document
This divorce package is ideal for couples who meet the following criteria:
- You and your spouse have lived separately for at least one year.
- All children from the marriage are over the age of eighteen and financially independent.
- You have agreed on all terms of the divorce, including property division and any other financial obligations.
- You or your spouse have resided in North Carolina for at least six months prior to filing.
Intended users of this form package
- Couples seeking an uncontested divorce in North Carolina.
- Partners with adult children, who are financially independent.
- Individuals who have agreed on the terms related to property and debts.
- Those looking for a straightforward process to file for divorce without litigation.
How to prepare this document
- Gather and review all included forms thoroughly.
- Complete the Domestic Civil Cover Sheet and the Complaint for Absolute Divorce.
- File the completed forms with your county's Clerk of Court.
- Ensure both parties agree on the Separation and Property Settlement Agreement.
- Complete and file the Motion for Summary Judgment and the Notice of Hearing.
- Prepare for your court hearing by bringing all necessary documentation.
Notarization requirements for forms in this package
Some forms in this package need notarization to be legally binding. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to meet residency requirements prior to filing.
- Not properly notarizing forms, where required.
- Overlooking deadlines for filing documents.
- Neglecting to ensure both parties sign the necessary agreements.
Advantages of online completion
- Convenience of accessing and downloading forms from home.
- Editability of forms to ensure all information is accurate and up-to-date.
- User-friendly instructions that guide you through the completion process.
- Time efficiency in preparing for your divorce without the need for an attorney.
Legal use & context
- This package is intended for couples who are in full agreement regarding their divorce terms.
- These forms provide a legal basis for a no-fault divorce under North Carolina law.
- Using these forms correctly can expedite the divorce process and minimize court appearances.
What to keep in mind
- This package is specifically designed for no-fault divorces in North Carolina with adult children.
- Mutual agreement on divorce terms is essential for using this package.
- Special care must be taken to fulfill all filing requirements and instructions provided.
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FAQ
A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.
By Melissa Heinig. In Oklahoma, it is possible to obtain an uncontested divorce in as little as ten days through a process known as a "waiver divorce." A waiver divorce is an uncontested procedure that allows couples to end their marriage without the cost and delay common to traditional divorce.
A copy of your or parents (if dependent) divorce decree.A copy of the legal separation agreement if you or parents (if dependent) have one. 2022 A letter from you or parents (if dependent) explaining whether the separation is permanent, and if there are plans to file for a divorce.
A separation agreement is a legal document that when signed and notarized by you and your spouse can act as a legally binding contract that is separate from or survives the divorce.Even if your agreement acts as a binding contract, it cannot grant you a divorce.
A separation agreement is not valid in North Carolina unless both parties have signed and their signatures are notarized.Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement.
Average Cost of Divorce in North Carolina The filing fee for divorce in North Carolina is currently $225 (with an additional $10.00 for filing a Resumption of Maiden Name). However, this fee can be waived for indigent filers, through a Petition to Proceed as an Indigent.
As a general rule, a simple divorce can take about 45-90 days to finalize after it has been filed with the courts. Divorces in which spouses cannot agree on issues such as child support or child custody will naturally take longer.
The main reasons for divorce or separation agreements to be set aside include duress, coercion, unconscionability, mistake and lack of complete financial disclosure. These are mistakes that are often made when there has been no independent legal advice.
Unless the terms of the agreement are unconscionable, or the agreement itself is a result of fraud, coercion or duress, the courts tend to accept the terms as written. Attempting to have a separation agreement overturned is difficult, but not impossible.
