The North Carolina Court System will not grant a divorce unless the parties have been legally separated for over a year and one of the spouses must be a resident of North Carolina for at least six (6) months prior to filing for divorce. Legal Separation is defined as living separate and apart.
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To begin the action for divorce, one spouse must file a Summons and Complaint in either their own or their spouse's County District Court. The spouse who files the initial Summons is called the Petitioner, and the other spouse is now called the Respondent. Once the Petitioner has filed the Summons and any other necessary forms (the other forms for service change from county to county), he or she must then serve these forms on the Respondent. Once the Respondent has been served, he or she must then file a response with the same court within 30 days.
If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement. The Divorce Settlement Agreement facilitates the division of property, assets, debts and liabilities as well as settle matters of child support, custody and visitation.
Unfortunately, the State of North Carolina does not offer forms online to start your divorce. You must go to your local County Clerk's Office and request assistance regarding your divorce.
You can use Rocket Lawyer to Find a Lawyer near you who can provide you with further assistance in completing your divorce.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.