If your marriage has encountered an insurmountable obstacle, you might want to consider freeing yourself by separating from your spouse. You have two options: either choose to settle your issues and outline the terms of the dissolution independently in an uncontested divorce, or take the case to court. In court, a judge will listen to both sides and make a decision.
This short piece will explain the nuances of an uncontested divorce, showing you how to qualify and its underlying mechanics. Scroll below for more information.
How Your North Carolina Uncontested Divorce Will Unfold
It is important to first understand the requirements that you must meet to seek an uncontested divorce in North Carolina. To begin with, you must have separated from your soon-to-be ex for more than a year. Additionally, —either of you must have resided in the Old North State for six months before the date of filing.
To ensure both your issues and interests are well reflected in the final agreement,it is advisable to hire separate attorneys to assist with the process.
With legal counsel by your side, it is now time to proceed with the legal process. Hire a third party to serve your partner with the papers. This officially gets the ball rolling, ensuring your ex is well aware of your intention to dissolve the union.
One of you must then file a divorce complaint with the Clerk of Court in your county. Alternatively, you can have your divorce attorney file this notice on your behalf.
The Terms of an Uncontested Divorce
Just as we mentioned earlier, you must negotiate the terms of your separation with your ex-spouse. You can do this independently or with the assistance of a mediator. This is a neutral third party who offers guidance to a resolution that satisfies both of you.
Here is what the negotiation will cover:
- Child custody and visitation
- Child support
- Division of property
- Alimony
Your conclusions should be outlined in the separation agreement, a legal document that your lawyers will draft once everything is settled. It will form the basis for the final divorce order that the judge will adopt.
If you have minor children, your attorney will help draft the parenting plan, a document that outlines the decisions concerning child custody, parental visitation, and child support. The judge will then ratify your plan’s reflection of the children’s best interests before approving it.
You must also demonstrate to the judge how you intend to share the assets that you acquired through marriage. No one partner can have it all.
Finally, your agreement should explicitly state the partner who will be paying alimony, complete with the month-to-month figures and the duration of payment.
How Long Does It Take to File an Uncontested Divorce in North Carolina?
“So long as you and your ex have been apart for more than a year, you can officially separate in less than sixty days,” says family law attorney Maria Ximena Sussman.
Uncontested divorces take a shorter time because the spouses are in harmony with the terms of separation.
How Much Does an Uncontested Divorce Cost?
In the same line, these divorces are typically cheaper. Other than attorney fees, you don’t have to worry about significant legal costs. The entire process can set you back as little as $200 to $400.
Conclusion
If you were contemplating filing an uncontested divorce, you now understand what usually happens and the steps you need to take to end your marriage. All the best!
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