How do I get a simple divorce if my spouse and I agree on everything? – North Carolina Short Answer In North Carolina, a “simple” (uncontested) divorce is usually an absolute divorce based on living separate and apart for at least one year, with at least one spouse having lived in North Carolina for at…
What documents do we need to file for an uncontested divorce? – North Carolina Short Answer In North Carolina, an uncontested “simple” divorce (absolute divorce) usually starts with a verified Complaint for Absolute Divorce and a Civil Summons filed with the Clerk of Superior Court, followed by proper service on the other spouse. After the…
If a law firm won’t take my case because of location, what should I look for when finding another divorce attorney? – North Carolina Short Answer In North Carolina, many divorce-related issues must be filed and handled in the county where at least one spouse resides, and local court practice can affect timing and outcomes.…
Can I start the divorce process on my own and hire a lawyer later if it becomes contested? – North Carolina Short Answer Yes. In North Carolina, a person can file for absolute divorce without a lawyer and later hire one if the case becomes contested. The key risk is that filing “just the divorce”…
What information should I bring to a first meeting with a divorce lawyer for a short marriage? – North Carolina Short Answer For a first divorce meeting in North Carolina after a short marriage, the most helpful information is (1) basic marriage and separation details, (2) a clear snapshot of income, expenses, debts, and assets,…
What is the difference between a separation and a divorce, and do I need both? – North Carolina Short Answer In North Carolina, “separation” usually means spouses live separate and apart with at least one spouse intending the separation to be permanent, but they are still legally married. “Divorce” (often called “absolute divorce”) is the…
Can I file for separation or divorce if my spouse and I are still living in the same home? – North Carolina Short Answer In North Carolina, an absolute divorce based on “one-year separation” generally requires spouses to live in separate residences for at least one year. Living in the same home usually does not…
Can my spouse claim part of my house if I bought it before we got married and it’s only in my name? – North Carolina Short Answer Usually not the house itself. In North Carolina, a home owned before marriage and kept titled only in one spouse’s name generally starts as that spouse’s separate property…
Is there a waiting period or minimum time I have to be married before I can get divorced? – North Carolina Short Answer In North Carolina, there is no minimum length of marriage required to file for divorce. The practical “waiting period” is usually the requirement that spouses live separate and apart for at least…
Would my situation be handled as an annulment instead of a divorce after a short marriage? – North Carolina Short Answer Usually, no. In North Carolina, a short marriage is still typically ended through an absolute divorce, which generally requires the spouses to live separate and apart for one year before filing. An annulment is…