Absolute divorce in North Carolina is basically a judgment saying that you are no longer married. We are a conservative state in many ways, but ironically, an absolute divorce is not. We are a no-fault uncontested divorce state. What that means is you simply have to separate from your spouse. You can't live under the same roof or in separate bedrooms. You separate from your spouse and live separately for a period of one year. At the time of separation, at least one of you has to intend for the separation to be permanent. A lot of people ask what if their husband or wife refuses to sign the papers, but there isn't anything that a spouse has to sign. They just have to be served with a complaint for divorce, and you can serve them by certified mail, Federal Express, or vice sheriff. So they don't have to agree to the divorce, they have the opportunity to answer. However, if they don't answer within the time frame, which is 30 days, then you can obtain an absolute divorce based on living separate and apart for one year in North Carolina. Once you file for divorce in North Carolina, you have to serve it on your spouse, and then they have 30 days to answer as a matter of right. Most people get an extension of time, so it is 60 days to answer. If they don't answer, then you can file a motion for summary judgment, so you don't have to actually go to court for the absolute divorce. The lawyer just asks the judge to read the pleadings and grant the divorce. However, if they file an extension of time to answer, then the process can go on for about two months, 60 days, and then you schedule a hearing.
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Complaint for absolute divorce nc Form: What You Should Know
At the other end of the process, Filing For an Order for the Whole Family, Order for Custody and Visitation, Family Support and Child Support. Filing to obtain an Order for the Whole Family An order for the whole family is a court order that authorizes each of the parties to make child support, family support, and/or visitation arrangements. Note: The Filing for a Custody Order does not make this available as an absolute divorce. Filing to obtain an Order for Visitation The other end of the divorce process is a temporary order that authorizes the Judge to make visitation arrangements for a child or children. This order can also set limits on other kinds of contact with a child. This list is not comprehensive and may not be all-inclusive. Contact a North Carolina Family Law Attorney near you to obtain detailed information. Divorce Packet (Absolute Divorce) The Plaintiff acknowledges that he/she is not asking the Defendant for alimony or equitable distribution, and that he/she acknowledges that unless such claims are in dispute, the parties should make child support, family support, and/or visitation arrangements. Note: If the Plaintiff does not know whether the Defendant is a resident of North Carolina, then the Plaintiff would be filing for an order to make child support, family support, and/or visitation orders. The Defendant could object to this claim. If an objection is taken, the Plaintiff must ask the Court's permission to take a different approach. This is the way to make claims that are not necessarily in dispute. The Plaintiff then requests that the Court order visitation arrangements and/or child support, family support and/or visitation arrangements. Once the Plaintiff has filed this information within the 30 days after the complaint for order is filed, the Plaintiff may proceed to file a motion for review pursuant to N.C.G.S. § 50B-13. Divorce Packet (Verification of Divorce) Divorce Packet (Filing for an Order to Make Child Support, Family Support, and/or Visitation Arrangements) This packet provides information, steps and forms for getting an absolute divorce. Note: This packet is designed for use with a video that provides step-by-step instructions on how to file for divorce in North Carolina without a lawyer.
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