What is a Simple No Contest Divorce - If you have lived apart from your
spouse for one year or more, can provide the address of your spouse and all matters
of child support, custody, property and debt division and spousal support have
been resolved or do not to be resolved in the divorce, then you probably have
a simple no contest divorce. Matters of custody, support, property and alimony,
if they must be resolved in court, they probably should be handled in the county
in which you or the children live. The divorce may be entered in any county.
Separation you must live apart for at least one full year. Living
in separate bedrooms or absence of sexual relations is not legal separation. The
documents cannot be signed and the divorce cannot be filed before one year and
one day of separation. Isolated incidents of sexual relations while separated
do not affect the date of separation. Resumption of marital relations changes
the separation date. Resumption of marital relations usually would involve moving
back into the same home and residing together.
property that we own together? if you have accumulated property and
debts during the marriage, you must have a conversation about how the property
will be divided. Once you and your spouse are in agreement in how you will divide
your property then is can be documented in a Separation Agreement. If you are
unable to agree then you will need to negotiate through your attorneys or perhaps
take it to court. When you resolve these matters in court, expense can become a very real consideration.
Do I need papers that show that we have been separated? - You do not
need to file any documents that show you have been separated. You will assert
under oath that you have been separated for the specified period of time when
you sign the divorce documents.
We were married in a foreign country, and later moved to NC. Can we get
a divorce in North Carolina? Yes, you can get a divorce in NC.
What about the children? For co-parenting, discuss with your
spouse and decide how to co-parent the children and provide two homes. Child support
and custody may be decided through mutual agreement and documented with the Separation
Agreement or it can be determined by court order.
Can my spouse stop the divorce? If you meet the legal requirements
(resident of NC and separation of one year and a day) and your legal papers have
been correctly processed, you will be able to get your divorce.
I dont know where my spouse is The divorce may be done
by publication if after proving to the court that a diligent search for your spouse
has been conducted and you are not able to find your spouse.
Do I have to go to the lawyers office No. We attempt to
take care of all matters by phone and mail.
Do we have to go to court? No, a judge will sign the divorce
judgment after reviewing the legal filings if everything has been processed correctly.
Can I get an annulment? The grounds for annulment are: Impotence
of either party at the time of marriage or being married to another living spouse
when you were married to your current spouse. Annulments are not granted based
on the short length of time that you are married.
My husband and I have been separated for over a year and have agreed on
all financial issues and the children. Can we file for divorce together?
No, one of you must file the complaint as the Plaintiff.
To get started, you
can either complete this simple online form so that we have some
basic information about you or you can call our office at 704-DIVORCE