North Carolina Uncontested Divorce
Forms For Uncontested Divorce in North Carolina
North Carolina Uncontested Divorce: The beginning of each divorce case in North Carolina starts with a complaint for divorce. A marriage is only dissolved if it is proven that there has been a breakdown in the marriage relationship to the extent that the marriage has been destroyed with no hope of reconciliation.
In a contested divorce, the plaintiff and defendant do not agree on either the divorce itself or how to split property, assets, or they do not agree on issues covering children.
Any issue that either spouse does not agree on is considered a contested issue and the court must make a decision on that aspect of the case or order the couple to attend mediation.
In an uncontested case, every issue is worked out and the court is not forced to make a decision on anything for the couple receiving the divorce.
Filing for a divorce in an uncontested manner is better for both the spouses seeking the divorce and the court itself.
The uncontested agreement becomes part of the court order and covers the division of property, assets, liabilities, child support, and child custody.
Nothing should be hidden from the spouse or the court, because hiding assets or money, or lying while in court can seriously damage the divorce case.
It is better for the each spouse seeking the uncontested North Carolina divorce because he or she has the ability to compromise on any issue and possibly get what is desired.
It is better for the court because the court does have to decipher the case and apply the information contained in the North Carolina statutes. For this reason, contested cases generally take much longer and are more involved.
Once the complaint and associated paperwork is filed with the appropriate family court, the other spouse is served and must provide an answer to the court. In cases where the defendant may not initially agree, there is still hope for an uncontested agreement.
The next step is to utilize the services of an attorney or other party and go through mediation. Mediation is the process of meeting with someone either hired privately or appointed by the court to help both individuals come to an agreement on all issues. If an agreement can be reached, the case will continue to be processed as an uncontested case.
Another advantage of an uncontested divorce is the ability to proceed through the case Pro Se, or representing oneself. While most legal resources recommend the counsel of an attorney, if everything agrees from the beginning, an attorney may not be necessary.
Attorneys do offer their services for uncontested cases as reading the North Carolina statutes can lead to more questions than answers and the legal paperwork can be confusing. Most attorneys will offer a flat rate, relatively cheap free for their services.
Another method of preparing an uncontested divorce case is to use an online organization or agency specializing in divorce paperwork, as beginning the case only takes the right forms filled out the right way.
When the divorce is going to court in a contested manner, it always best to hire an attorney or seek legal aid, as representing oneself can be a tough task for anyone unfamiliar with court rules and processes.
• North Carolina Uncontested Divorce Forms Package from USLegal.
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• Marital Separation Agreement DIY Software by Standard Legal.
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