If you cannot afford to pay the court cost, and can prove that you are receiving public assistance such as food-stamps , we may be able to get court costs waived. You may only change your name, as part of a divorce, to either your maiden name or a previous married name. The previous married name option can only be used if you currently have minor children from that marriage. To choose any other name, you have to petition the court in a separate process action other than the divorce process that you are using us to facilitate.
You can call us at during our business hours. If you call after hours, please let us know a good time to return your call. Also you can fill out the contact form, and we will contact you to get additional information or answer any questions.
State Divorce Forms
Our email address is info divorcesnc. The children will be referenced in the divorce. Children will not affect your ability to obtain an uncontested divorce. An uncontested divorce will not affect either spouses right concerning child custody or child support, or any agreement recorded in a separation agreement. If you think you may need to go to court to help you settle those matters, contact us for more information. The type of divorce that we focus on could potentially affect your rights under equitable distribution and alimony. If you think you may need to go to court on either of these matters, contact us for more information.
Our FAQ page contains answers to common questions. Or call us during business hours at If you are ready to start the process and receive your completed divorce papers, submit our online Getting Started form. First, submit this online form. That starts the process. Then one of our legal assistants will contact you for additional details. You can also file an application to resume your former name with the clerk of court.
Free North Carolina Divorce Forms
You can find the necessary form here. You can find more information about filing for divorce and necessary forms here.
Equitable distribution is a legal claim for property division, in which a spouse can ask the court for assistance in dividing the assets and debts acquired during the marriage. However, a spouse may have some claim to an asset based on active increases in value during the marriage. Divisible property may be divided between the parties depending on the circumstances.
There is not a standard form to file for equitable distribution, and the process is often complicated. Some counties have local rules requiring specific information to be provided at particular times in the court case. You may contact an attorney to assist you with an equitable distribution claim. Not always. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.
What will the judge consider in deciding how to divide property? By law, an equal division of marital property is preferred, but if either spouse requests an unequal division and the judge finds that an unequal distribution would be fair, the court may give more of the property or debt to one party than the other. Judges consider many factors in deciding how to divide property.
Marital misconduct is not a factor in equitable distribution except in cases of financial misconduct after separation. You can see the entire list of factors here. There are no guidelines or formulas in North Carolina law to determine how much alimony a dependent spouse should receive. Instead, the judge determines how much alimony is appropriate after hearing the facts of the case. There are no guidelines or formulas in North Carolina law to determine how long alimony should last. Instead, the judge decides this depending on the facts of the case. Regardless of the time period initially set by the judge, alimony ends if the dependent spouse remarries or moves in with a new romantic partner, or if one of the parties dies.
What will the judge consider in deciding whether to grant alimony? You can view the entire list of factors here. A dependent spouse who cheated on the supporting spouse before separation loses the right to alimony.
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A supporting spouse who cheated on the dependent spouse before separation will be forced to pay alimony. If both parties cheated on each other during the marriage, the judge has discretion to decide whether to order alimony. Judges also consider other forms of marital misconduct, which include abandonment, cruel treatment, financial misconduct, alcohol or drug abuse, and involuntary separation if one of the spouses is imprisoned. The entire list of behavior defined as marital misconduct can be seen here.
If the judge finds that the other party violated the order, the judge will decide the appropriate penalty.
An attorney can assist you with this process. If your separation agreement was included in a court order, such as your divorce decree, you can ask the court to hold the person in contempt of court see above.
If not, you can enforce your separation agreement by suing your former spouse for breach of contract. Alert Cagertory Placeholder. Link Text Placeholder. Separation How can I get legally separated in North Carolina?
How to Obtain an Absolute Divorce in Mecklenburg County
What is a separation agreement? Do I need a separation agreement? How do I get a separation agreement? What is a Divorce from Bed and Board? What is post-separation support? Many document preparation services are simply filling the forms out for you. In fact, only attorneys can give you legal advice about your divorce. If you have a contested divorce , you may want to seek legal advice from a lawyer.
We will be updating this page in the future. Stay tuned! Click here to go to the State Courts Form site. Learn more about divorce law:. What is a divorce? What is an uncontested divorce? What is a contested divorce? What is an annulment?