In North Carolina, legal divorce is only possible through a tribunal or through the court system. This type of legal divorce is called decree of divorce.If you want to get a divorce through a tribunal, the first step is to file for divorce in the local district or superior court in the county where you and your spouse live. The process for filing for divorce differs by county, so you will need to contact your county clerks office for more information.If you are filing for divorce through a tribunal, you will have to provide paperwork that shows the date of separation and some details about your marriage. You will also have to prove that there is no merit to your spouses grounds for an appeal. If your spouse files an appeal against your petition, it will be heard by a judge at a hearing before the trial date.At the trial date, both parties will have an opportunity to present evidence and have witnesses testify on their behalf. The judge will then decide whether there is any merit to your spouses contention or not. Based on his decision, the judge will either grant or withhold recovery of alimony and any other remedy requested by you or by your spouse. After he makes his decision on all issues, he will sign a decree of dissolution of marriage. The decree becomes final after 30 days unless either party files an appeal before that period has expired.
How do I get a divorce in NC without going to court?
You can get a divorce without going to court in North Carolina by filing a petition for dissolution of marriage. A petition for dissolution of marriage is a legal document that requests the court to end your marriage.If you and your spouse agree on how to divorce, you may be able to get a divorce without going to court by filing a voluntary (also called ‘dissolution’) dissolution of marriage. In order to file for a voluntary dissolution, you and your spouse must have lived apart for at least one year and agree on how the divorce will be handled.A voluntary dissolution of marriage will result in an automatic divorce. If the other spouse objects to the divorce, you can file an action in court asking the judge to grant or deny the other spouse’s request for a judgment of legal separation. The judge will decide whether or not to grant legal separation and how long it will last.