What is involved when filing for divorce?

| Feb 5, 2020 | Family Law

Divorce can be a stressful time for a family. Pursuing a divorce in North Carolina, however, is pretty straightforward since bad conduct is not required. Here are a few things you need to know before you start filing for divorce in North Carolina.

Initiating the Divorce Process

You’ll need to have drafted the state required and specific to your case, documents. These are filed in the county which you or your spouse have resided in for the last six months.

A divorce lawsuit complaint should be filed requesting a divorce and stating the facts of your case. You must include requests for asset and property division, child custody and support, and any spousal support if that applies to you.  Your attorney can help you to file the specific documents ensuring you are requesting the correct relief. These documents must be drafted correctly and failure to do so can cause significant problems down the road if not bar you from certain claims.

Notifying the Spouse

Once you have adequately and correctly filed the necessary documentation, a deputy sheriff will deliver a copy of the documents to your spouse. If his/her whereabouts are unknown, a newspaper may be used to notify your spouse. If you and your spouse are amicable, your attorney may be able to hand-deliver the documents.

What Type of Divorce Do I Need?

There are two types of divorces. There is a simple divorce which does not include asset and property division, child custody and support, spousal support. This type of divorce has no effect on asset and property division, child custody and support, spousal support. Keep in mind that if you have these extra claims, you need to ask for them in your initial divorce lawsuit.

The second type of divorce is a contested divorce that involves additional claims other than simply “getting you divorced.” A contested divorce occurs when you and your spouse are not in agreement with who gets what assets or pays certain bills etc. The court will divide assets, property and determine any child custody and support or spousal support. An attorney can assist you throughout this difficult process to ensure mistakes are not made.

Take time to process

You deserve quality time with your child(ren), and it is your right to at least 50% of the marital assets. It is perfectly normal just to want to move through the process quickly, but a family law attorney can review your case and ensure you are not overlooking important details.