Divorce


#1

You or your “wife” need to file for divorce with the Court. Once filed, get on the docket, one goes to Court. Judge asks a couple of questions and the divorce is granted. Since there are no issues to be resolved, all you guys need to do is get a judge to grant you a divorce. The Court has “standard” forms and you will receive a copy of your divorce decree from the Court. You just need an absolute divorce. You’ve already worked everything else out. I think I would have some papers drawn up by a lawyer spelling all settlement issues out. But, if you two are in complete agreement and don’t anticipate any problems, no need to go to any more expense. Sounds to me like you’ve done it in a way that everyone should do it. Kitchen table.


#2

If you and your Wife have no jointly owned property,then you will just need to wait out the separation period and file a complaint wiht the court for absolute divorce after you have been separated for one year.
Divorce in North Carolina is done through the court system, and there is no way you can consent to an absolute divorce by agreement.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

It’s one year and a DAY before you can file for absolute divorce.


#4

I take it from the reponse that after a court date is set, you have to be personally be at court on that date / time? As a Christian, I do not want the divorce but am not fighting the divorce. We have no
seperation agreement but are not arguing over details. I have child care issues which conflicts with being at court at the same time. Just wondering if I have to personally being there.


#5

If you have been noticed to appear in court you must be there. Some judges can be particularly strict about this and will actually issue a warrant in the event a noticed party does not appear.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

My wife and I have been seperated since March of 2008. We both agree on divorce and all the belongings are already seperated. All we want to to sign papers and get it over with. What is the quickest way to do so?