Charlotte North Carolina Complaint for Absolute Divorce
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How to fill out North Carolina Complaint For Absolute Divorce?
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FAQ
North Carolina law acknowledges two grounds for absolute divorce: 1) the spouses are permanently and legally separated for one year, or 2) one spouse is diagnosed with incurable insanity.
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.
If neither spouse has been a resident of North Carolina for at least six months or the parties have not lived continuously separate for at least one year, you can challenge the divorce.
State Filing Fees In North Carolina, the cost of filing for an absolute, or simple divorce, is $225. This does not include serving the other party with papers, which is $30, and, if you choose to return to your maiden name, this is an additional $10 fee.
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.
Once a formal Date of Separation is established, an absolute divorce may be granted one year later upon the proper filing of a Complaint for Divorce. Both parties do not need to agree to getting divorced. As such, one spouse saying, ?I'm not giving you a divorce? has no legal authority or effect in North Carolina.
Even though the defendant may have filed an answer admitting all of the allegations, the plaintiff must still prove to the court, by one of the two stated methods, that he or she is entitled to an absolute divorce. If your attorney uses summary judgment, you yourself do not have to go to court for the divorce hearing.