We can do many things online: pay bills, send documents, and purchase just about anything you may want. However, it is still impossible to get a divorce over the Internet. So what does an online divorce service do?
Online Divorce in North Carolina
Internet divorce is a fast and inexpensive option for divorce paper preparation for uncontested divorces. Completing forms this way is suitable for couples wanting a DIY (do-it-yourself) divorce without an attorney or looking to save money on a lawyer’s services.
Online divorce companies help clients generate the paperwork they need under the latest state and case requirements. The price is always fixed. And the courts accept these forms without problems.
To use an online divorce service in North Carolina, spouses need to register on the website and provide the necessary marriage-related information. The survey usually takes no more than two hours. The data storage system allows spouses to pause their progress and finish completing the survey at another time.
Processing takes two business days. After that, the couple can download the ready-made forms from their account, print them, and file them with the local court.
Divorce Requirements in North Carolina
Getting a divorce in North Carolina is not much different from obtaining a dissolution in other states. However, it is worth knowing the specifics of the laws and requirements of North Carolina.
Residency Requirements
To file for divorce in North Carolina, at least one spouse must have lived in the state for at least six months before applying. If the spouses live separately and apart, they must have lived in the state for at least one year before filing for divorce.
It doesn’t matter if the partners were married in North Carolina or another state. Anyone who meets the residency requirement can get a divorce here.
Grounds for Divorce
North Carolina is known as a no-fault state. Therefore, spouses do not need to point out the specific misconduct of the other that led to the marriage breakup. It also means that the petitioner and respondent do not need to provide the court with solid proof of fault.
There are two reasons for divorce in North Carolina:
- separation; or
- incurable insanity.
In the first case, partners must live separately and apart for at least one year. They also do not need to apply for “legal separation” to begin the “one-year period.”
For the insanity ground, a couple needs to remain separate and apart for three years. Sometimes, the court also asks for a spouse’s mental health certificate.
However, even though North Carolina divorce laws do not require partners to prove fault, a petitioner can still file for a fault divorce. This type of divorce process in North Carolina is called “divorce from bed and board.”
“Divorce from bed and board” is similar to legal separation. However, it also protects the spouses’ rights and child support until they get an absolute divorce. And spouses can not remarry until they terminate the relationship officially.
The similarity of separation and “divorce from bed and board” is often confusing, but there are significant differences between the two dissolution types.
First, the petitioner can apply for “divorce from bed and board” without separation for one year. Then, if the court approves the request, they will have legal grounds for removing the other spouse from the family home.
Secondly, this type of divorce is usually requested by an abused spouse who wants justice. Proof of the spouse’s fault in the marriage breakup can help the petitioner to improve their position in resolving child custody issues and spousal support (alimony).
For “divorce from bed and board,” a spouse can point out the following reasons:
- adultery;
- abandonment;
- cruel treatment;
- alcohol or drug addiction making your life unbearable;
- the other spouse makes their life miserable; and
- the other spouse kicked them out of the family home for no good reason.
Property Division
North Carolina does not split family property 50-50. Instead, the state court tries to divide the property of the spouses fairly and equitably.
The judge considers any assets, debts, and other income that both spouses acquired during the marriage. However, the property that the spouses received as a gift from third parties or inherited is typically not divided.
Factors the judge will consider may include:
- the spouses’ ages;
- the length of the marriage;
- the spouses’ income, assets, and liabilities;
- how each spouse contributed to the marital property or dissipated matrimonial assets;
- tax consequences related to the property division;
- whatever a custodial parent’s need to occupy or own the marital home or other household items; and
- both spouses’ physical and mental health.
Depending on the case circumstances, the judge may consider additional factors in the property division. However, the spouses can split their property independently before going to court. Then, the court will review the partners’ agreement and grant their request on these terms.
What is The Waiting Period in North Carolina?
When a spouse applies for divorce, the court will give them time to serve the other party and possibly reconcile. In North Carolina, the waiting period is 30 days. After this period, the court can make a final decree. However, couples should consider the court workload and the specifics of their divorce case. Because of this, the waiting period may increase.
What Are the Filing Fees in North Carolina?
The filing fee amount depends on the county where the petitioner files. Therefore, it is best to check this information with the county clerk.
Who Can Serve a Spouse in North Carolina?
In North Carolina, the petitioner can not independently deliver the documents to the spouse. Instead, the petitioner can hire a sheriff or someone over 18 (who is not involved in the case) to serve the other spouse. Also, the filing spouse can send the documents by registered mail.
Final Words
Undoubtedly, online divorce is one of the fastest and most affordable ways to prepare legal documents. However, it is worth remembering that sometimes, a couple needs a lawyer’s help in a divorce proceeding.
