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Hey this is Jim Hart I'm here from the heart law firm in Cary North Carolina and today I want to talk to you about three mistakes that people commonly make when they're filing for their own divorce a bit casual day it's a Sunday so I apologize I'm not wearing a suit or anything I hope you're okay with that but the information I'm going to give you will be well worth it for you so the first mistake I typically see people make when they file for own divorce is that they file to you soon in North Carolina you have to be separated for at least 12 months before you can file for divorce which is different than other states and that means you actually have to live separate and apart you can't be living in the same residence in different bedrooms that's a frequent question I get you actually have to be living in separate residences at separate addresses mailing addresses and you have to be doing that for a year and has to be continuous so if you're there for six months and another apartment then six months you know what let's just you know let's let's let's see if we can work this out and you go back and live together for a week and you realize it was a huge mistake and then you you move out again well the year just started over again so that's a big mistake that people make is they file their divorce case too soon they filed before the 1-year period is up and if you do that and if you actually were to take that all the way through to the end actually got a divorce or issues me a judge to sign off on that divorce judgment that's all great and good but that divorce judgment is going to be void and you're gonna have to go back and refile the whole process over again and so that means you actually can't sign any divorce paperwork you can't file anything in the divorce you can't do anything until the one-year period is up so that's the number one mistake I've seen people make very frequently in North Carolina divorce cases the second mistake I see people make is that they don't serve their spouse properly so when you start a lawsuit in North Carolina and that's what this is no mistake about it you are filing a lawsuit when you file a complaint for absolute divorce in North Carolina you have to serve the other party so you're a party if you're the spouse that's that's following the lawsuit you're going to be considered the plaintiff and your spouse is going to be considered the defendant they're also a party I frequently see people that want to just basically hand work to their spouse that's a no-go they want to mail it to them that that usually that that's not going to work unless.

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