Divorce
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While the process of obtaining an absolute divorce is usually fairly simple, it does not automatically occur after one year. There is a step-by-step process that must occur, that can only be initiated after one-year separation. Basic requirements:
Once the Complaint is served, your spouse has 30 days to file an answer. If your spouse is properly served and does not answer, or answers but admits the essential allegations in the complaint, then you may file a motion for summary judgment divorce. Once the motion is filed, then a summary judgment hearing may be set, but the date must be at least ten days after the filing of the motion. In Wake County, these hearings only occur on Fridays. In Wake County, the clerk's office has a packet containing detailed information and forms for individuals who wish to handle their divorce on their own. However, most family law attorneys only charge a flat fee to handle an absolute divorce, which includes the filing fee and filing all of the necessary documents. In most cases, if you have an attorney handle the divorce, it is not necessary for you to appear at the divorce hearing, and in some cases your attorney may even be able to submit the divorce to the clerk instead. On-line Divorce Resource Links:American Bar Association-Family Law Section The Legal Information Institute-Family Law North Carolina General Statutes Chapter 50, Divorce & Alimony Other Resources http://www.allaboutlifechallenges.org/dealing-with-divorce-faq.htm http://divorcesupport.about.com/od/copingduringdivorce/tp/tips_stress.htm http://divorcesupport.about.com/od/angerandconflict/qt/divorceanger.htm http://www.helpguide.org/mental/children_divorce.htm If your marriage is ending, or you need help with child support or any other family law problem, contact Heather Williams at Crawford & Crawford at 919-510-8140 to schedule an initial family law consultation. |
