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Common Questions About Divorce in North Carolina


Every state has its own way of handling divorce. Here are commonly asked questions and answers about North Carolina’s divorce laws and the divorce process in North Carolina, provided by The Law Corner, to help you get the information you need to make the best decisions.

How Long Will It Take To Be Divorced in NC?

In North Carolina, couples do not need to prove fault to get a divorce. All you need to do is prve that you have been separated from your spouce for at least one year. Also, one person in the marriage needs to be able to prove that he/she resided in North Carolina for six months before filing for Divorce. If you can prove these 2 things, you can apply for a Divorce in North Carolina.

You may also get a divorce on the groubds of incurable insanyt. However, this is less commonly used becase you and your spouce must live separated for three years and you need proof that one member is incurably insane.

How Much Does Divorce Cost in North Carolina?

This all depends on your specific divorce case. An Absolute Divorce in North Carolina Costs under $100. Then, you need to consider the costs of serving your spouce and other required court documents. Then more than just the divorce itself, if you are planning to change your name, you must factor in the cost of your name change.

Divorce With Out a Lawyer: Do I Need to Hire an Attorney?

Today, there are so many self-serve sites, where you can just print out all the paperwork and do your divorce yourself. While this is an easy solution for some people (without assets, children, etc), it is more difficult for other people. With this in mind, you should talk to a lawyer before filling out this paper work. This will help you get the information you need, like if there are other viable claims that you may wish to pursue.

When you are granted a Divorce in North Carolina, after the judge signs the divorce papers, then any claims for alimony or equitable distribution in North Carolina are barred. Make sure you talk to a lawyer so that you know what your rights are. Contact The Law Corner to get the information you need at 919-424-8319.

Can I Change my Name When I Get Divorced?

You are able to change your last name when you are divorced. It costs $10 to file to change your name, where you are able to take a previous last name within the divorce or before the divorce.

Am I Eligible For An Annulment In North Carolina?

In North Carolina, there are only a few ways to obtain an annulment. First, if you are nearer in relationthan 1st cousins or double cousins. Second, if you were less than 16 ears old and you are not pregnant. Third, you can get an annulment if one person is already married or if one person is impotent at the time the marriage took place. Or, if the person was forced, coerced, or did not understand, in other words, they were incapable of agreeing to marry, then an annulment may be granted. Lastly, if the female lured the spouce into marriage because she was pregnant. The couple would have had to separate within 45 days of the marriage and then be separated for one year. This would allow the spouse to get an annulment if no child is born within 10 lunar months of the date of separation.

Contact The Law Corner

For more information and to get your North Carolina Divorce questions answered, contact the attorneys at The Law Corner at 919-424-8319. The attorneys at the law corner have the experience and knowledge to help you get the most out of your North Carolina Divorce. Take advantage of the other North Carolina legal resources and The Law Corner blog made available to you to help you through your divorce.


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