Divorce Question

If you file for divorce in NC you must be a resident for 6 months prior. File for divorce, he will be served with a notice and has 30 days to file an answer, if there is one. 30-45 days after he is served, if there is no answer you may have to go to court to say that the year separation requirement is complete but the divorce would be granted. I’m not sure what the cost is but there are forms on this website you can use. That’s about as easy as it gets.

$35.00 will get you a divorce kit at staples or other office supply store. If you don’t think there will be any problems, this is probably be your cheapest option. You will need to do a little research and expect to pay what ever the court costs are.

Also, whomever files first sort of has the “upper hand” in relation to where things are handled. I say this because of the situation of my brother. His wife left him a couple years ago and moved to New Jersey. There has been no issue until a couple months ago when he finally decided to file for divorce. She suddenly decided she wanted alimony, 50% of everything, after previously stating she wanted nothing. Since HE filed for divorce and it was done in NC, in order to contest it, she has to get a NC lawyer and come here to go to court. If she had filed for divorce and demanded all these things, he would have had to go to New Jersey, found a lawyer there to fight things out there in their courts.

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I downloaded all my forms off this website for free. and the cost to file in Wake County was 135 plus 15 for service fees by sheriff. You would have to try to have him served certified mail to prove service. 31 days from service, (the next friday) you go to court and it’s done. All the instructions are on this site. It’s well worth the money to get the divorce! Good luck to you. I did mine with no issues.

Dear phototabbi:

Greetings. Please go and look at the do it yourself divorce information on our website. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I need to know the best and CHEAPEST way to get a divorce. We’ve been seperated for 3 years (not legally). I’ve had NO contact with him. I live in NC and he lives in GA. We don’t share any property and have no children. It just needs to be quick and painless. He doesn’t care to see me and I don’t want to see him.