How you can start the process of divorce in North Carolina

On Behalf of | Dec 6, 2024 | Family Law |

Considering divorce? You’re not alone. Many people find themselves in this tough situation. It’s normal to feel confused or scared about what comes next — whether that’s separating from your spouse or starting the legal process after separation.

The first stages of divorce can be the hardest. But knowing your next steps can make it feel easier. Here’s a brief guide to help you understand how to begin the process of ending a marriage.

Steps to begin the divorce process

Before serving the papers, make sure you’re ready for this big step. The steps are the following:

  • Meet residency requirements: You or your spouse must have lived here for at least 6 months.
  • Be separated for one year: You must live apart for one year before filing for divorce.
  • Gather important documents: Find your marriage certificate and financial records.
  • Decide about legal help: Figure out if you need a lawyer or will file pro se (on your own).
  • Prepare and file divorce documents: Fill out the divorce form and take it to your local court.
  • Pay fees: There’s a cost to file for divorce. Pay the court fee.
  • Serve the divorce papers: Your spouse needs to know about the divorce. Give papers to your spouse.

These initial steps can help you start the divorce process correctly and avoid delays.

When you decide to get help from a lawyer

The divorce process can be complex and emotional. A lawyer can guide you through the legal steps, protect your rights and help you make informed decisions. If you choose to go pro se, you may handle paperwork and communicate with your spouse’s lawyer on your own. Lawyers also negotiate settlements and represent you in court, which can be challenging to do alone.