Written by Jonathan Breeden
Deciding to get a divorce in North Carolina is a complicated and emotional decision. Once you decide you’re ready, you want things to move as quickly and smoothly as possible. It can be frustrating if your spouse is not on board with ending the marriage and seeks to delay or disrupt things.
When you want a divorce, you need an experienced and aggressive North Carolina divorce lawyer to move things along. With offices in Raleigh, Garner, Angier, and Smithfield, NC, the Breeden Law Office will ensure your divorce is finalized as quickly as possible.
Call (919) 661-4970 today or contact us online to schedule a consultation.
Once you choose to get divorced, North Carolina divorce laws require you and your spouse must live separately for one year before you can file for divorce. You can file a claim for property division, alimony, custody and visitation, and child support while you are separated.
Once you have been separated for one year, you can formally file for divorce. You will include your original conditions or give some new terms in the complaint. Then your spouse will be given a summons, which asks them to respond to your complaint and when to appear in court.
After you file your complaint, your spouse needs to be served in a timely manner so that they can give an answer to your complaint. They could either agree to your terms and agree to an uncontested divorce, or they may want to change some of the agreement. But they need to be served first.
Service of divorce papers in North Carolina is usually done by a sheriff — they deliver the papers to your spouse and make a record of the delivery. However, some people choose to make that delivery difficult and will work to avoid the service of divorce papers.
If your spouse cannot be served by the sheriff, there are alternatives. Certified mail or a delivery service can also be used. If that doesn’t work, the court can authorize service by publication. This means that the documents are published in a newspaper chosen by the court.
When your spouse is served with divorce papers, they have a limited period of time to answer. They typically have 30 days to respond. This is their chance to address your terms and tell the court what they think would be fair regarding custody and visitation, child support, alimony, and property division.
However, if your spouse doesn’t respond to the court papers, then your divorce moves ahead without them and becomes an uncontested divorce. They lose their opportunity to take part in the process and share their opinion with the court. The court will move forward and decide all of the issues and grant the divorce based only on the information and requests that you make.
Although an uncontested divorce is not instant, it is considerably shorter and uses much fewer resources than a contested divorce. In an uncontested divorce, you and your spouse are basically agreeing to all the terms you set in your complaint. Your spouse agrees with how the property is divided, the custody arrangement, and even alimony after the divorce is finalized.
When both parties agree, there is no need for a lengthy trial or period where either side hashes out what they feel is actually fair. As long as a judge approves the terms of the settlement, your divorce can be finalized easily.
The judge issues a judgment of divorce which contains the final terms of your divorce. This is a legally binding document for both of you, even if your spouse did not participate in the process. The judgment of divorce is sent to you, but there is no need to sign anything.
Your spouse could try to drag the court process of your divorce out. Once they have been served the complaint, they could file a counterclaim. This escalates the matter to a contested divorce, which means you and your ex will need to reach a consensus. You can either seek mediation or you may take your divorce to trial.
You are allowed to seek a divorce on your own without hiring a North Carolina divorce lawyer. However, if you feel like your spouse will make the process complicated, it would benefit you to work with someone who understands the nuances of North Carolina’s divorce laws so they can guide you to a resolution.
Divorce attorneys, like Jonathan Breeden, understand that a divorce is something you may not have realized you would need when you got married. But good lawyers also know that you are seeking help in a complicated situation, and they are ready to help you get started. Although you can find many forms online and can see how the process should work, there are always potential road bumps you may not anticipate. A divorce lawyer will keep an eye on proceedings and ensure that these hurdles don’t interfere with your family’s peace.
Divorce affects many aspects of your life and is a complicated legal process. To ensure all of your rights are protected, you need an experienced North Carolina family lawyer who can get you the best possible outcome. The Breeden Law Office is ready to take your divorce case.
Call (919) 661-4970 to schedule an appointment to talk about your case.