DIY divorce procedures - court proceedings related questions


#1

I have lived separately from my wife for over a year and am planning on filing for divorce in the next few weeks.
By our discussions and if things go as we talked about(as I hope) It will be an uncontested absolute divorce. She has already taken what we agreed is hers, both property and finance wise and we have no children. I understand what papers I need to file and the time period I need to wait before setting a court date.

What I am wondering(its hard to find good info online about this). In my situation where the divorce will likely be uncontested when I set a court date what type of hearing should I request?? I am assuming I will need to give some form of basic testimony…because we have already divided our property and agreed on terms…is there any need to have a separation agreement to prove this as my ex is not contesting our divorce, or is my word enough to prove my contention that we already have an agreement between us. Thank you for your advice…


#2

You only need to schedule a court date for the day and courtroom in your county that hears absolute divorce cases. Most absolute divorces are uncontested. If you are not completing your absolute divorce by motion for summary judgment, then you will schedule a testimonial divorce. This means you will testify before the judge in order to be granted an absolute divorce.

Your testimony should be centered around the 4 requirements for absolute divorce: (1) You have been a resident of the State of NC for the 6 months preceding the filing of the action, (2) you have a valid marriage, (3) you separated with the intent to remain separate and apart, and (4) you and your spouse have lived continuously separate and apart for at least 1 year.

The judge will not need to know whether or not you and your spouse have already divided property or agree on the division in order to be granted an absolute divorce. You do not have to show your separation agreement to the judge and you do not have to tell the judge that you have a separation agreement.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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

Hi Anna Thank you for clarifying the hearing process…This weekend I had a chance to look into it alittle more and noticed for the Judgement for Absolute divorce in the DIY packet the form it shows is different then the download…in the packet it looks like something that needs to be personally typed (like the complaint) and with more info required whereas the form likes fairly standard. I am wondering which to use…I am not sure if this matters but I live in Wake County…Again thanks for your insights.


#4

An absolute divorce judgment is something that you’ll need to type yourself - it is not a pre-printed form. For an absolute divorce with a court date before a judge (most common), do not use the pre-printed form that says “before the clerk.”

Take a look at our Sample Absolute Divorce Judgment.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.