Making the decision to divorce is never an easy one. However, once you have made the decision, here is what you will need to know in order to ensure your divorce proceeds smoothly.
First, one spouse must have resided in North Carolina for at least six months preceding the filing of the divorce. Additionally, you and your spouse must have lived separate and apart for over a year. At that point, a divorce complaint may be filed in your county of residence.
The complaint and summons will then be served on your spouse by either the sheriff or via certified mail. They then may file an answer, and there will be a series of court appearances to sort out the issues. However, if they agree with the divorce proposals you make, they can just sign the paperwork and send it back to the Court. READ MORE
Afterwards, there will be a hearing in front of the judge (although, if uncontested, in many jurisdictions it will be completed entirely through review of the pleadings), who will determine that you and your spouse meet the legal requirements to be divorced. The judge may also determine (if you and your spouse do not agree), the custody of your children, the amount of child support and/or spousal support, and property division.
Once the North Carolina divorce is final, you are no longer married. You may no longer ask to modify the division of property, or to change the alimony if that is required. You may remarry or change your name (which may be dealt with in the course of the divorce.) Additionally, neither you nor your spouse will legally have rights to inherit money or property from the other upon either’s death.
Divorce is a difficult and emotional event, but the legal process can be simplified by contacting Meek Law Firm. They will put their experience to work for you and make sure you are appropriately protected.