Ruqayyah Snyder
Brunswick County, North Carolina, offers online divorce filing, which can be done without a lawyer. The divorce process can be confusing, and legal assistance is beneficial, if not crucial. The divorce procedure in Brunswick County starts with a court filing fee, which is mandatory for all petitioners except those qualified to file as indigents. The average filing fee in North Carolina is $225.
The spouses must meet North Carolina residency requirements to get a divorce in Brunswick County. According to the North Carolina General Statutes, either the plaintiff or defendant must be a resident in the state for at least six months before filing for divorce. The couple may terminate the marriage in Brunswick County if one of the spouses currently resides there.
The plaintiff has to file the Petition (Complaint), Summons, and other relevant forms with the local clerk of court. The serving process can be done with the help of the sheriff, who will personally serve the defendant with the papers, or via certified mail, FedEx, or UPS.
The defendant has 30 days to file an Answer. After the waiting period, a date for the court hearing can be set. In an uncontested case, the spouses can obtain their divorce right away after the hearing.
| Characteristics | Values |
|---|---|
| Residency requirements | Either the plaintiff or defendant in the suit must be a resident in the State for at least six months before filing for divorce. |
| Court | The Family Law Complaints are filed in the District Court Division of the North Carolina General Court of Justice. |
| Court filing fee | The average filing fee in North Carolina is $225. |
| Mediation | Mediation is committed to encouraging the peaceful and mutually-beneficial negotiation between the parties so that they can create their Parenting Plan and avoid litigation as well as any traumatic experiences for their child. |
Residency requirements
To file for divorce in North Carolina, one of the spouses must have been living in the state for at least six months before filing. It does not matter if the couple was married in North Carolina or in another state.
The residency requirement in North Carolina is a bona fide resident for six months before bringing the action.
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Court filing fee
The court filing fee for divorce in Brunswick County, North Carolina is $225. The fee is mandatory for all petitioners except those who are qualified to file as indigents.
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Divorce grounds
Overview
North Carolina is a "no-fault" divorce state, meaning that neither spouse has to prove the other's bad acts to get a divorce. However, there are two grounds for divorce in the state: separation for one year, and incurable insanity of one spouse, resulting in living separate and apart for three consecutive years.
Separation for One Year
To be eligible for divorce on the grounds of separation, the couple must have lived "separate and apart" for at least one year, with at least one spouse intending for the separation to be permanent. This can be proven through bills or other documents showing separate payments and residences.
Incurable Insanity
The second ground for divorce is incurable insanity, which must be proven by the testimony of two specialist doctors, one of whom must be a psychiatrist. The couple must have lived separate and apart for three consecutive years due to the incurable insanity.
Divorce Process in Brunswick County
To file for divorce in Brunswick County, the plaintiff must file a petition (complaint), summons, and other relevant forms with the local clerk of court. The plaintiff must pay a court filing fee, typically $225, unless they are eligible for a fee waiver. After filing, the plaintiff must serve the defendant (their spouse) with copies of the divorce forms, either through the sheriff, certified mail, FedEx, or UPS. The defendant then has 30 days to file an answer. After this waiting period, a date for the court hearing can be set.
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Child custody
Types of Child Custody
There are two common types of child custody: sole custody and joint custody.
Sole Custody
Sole custody refers to situations in which it is determined that it is in the child's best interest for one parent to remain in physical or legal custody (or both).
Joint Custody
Joint custody, on the other hand, describes scenarios in which both parents are entitled to either physical or legal custody (or both) of a child, involving set scheduling and honest negotiation as to potential legally material choices being made on behalf of a minor.
Determining Child Custody
Custody can be determined by the parents themselves in non-aggressive or non-acrimonious divorces or separations free of abuse or other aggravating factors, or by the courts themselves in cases where neither parent can mutually agree to terms beforehand.
If a custody case proceeds to court, the judge will consider things such as the child's welfare and best interests. The judge will look at the health and habits of both parents, their ability and history of being a primary caregiver, their living arrangements (new romantic partners, suitable quarters for a child, environmental concerns), and so on. The wishes of the child may also be given some weight, depending on the age of the child and the circumstances surrounding the case in question.
Changing Child Custody and Visitation Terms
Custody and visitation terms are easy enough to change in amenable arrangements where both parents are on speaking terms and fine with moving the schedule around. Some paperwork may be involved via each parent's respective attorneys if there is a formalized schedule that needs to be updated.
In more contentious cases, custody and visitation terms may be changed by court order, generally requiring a hearing from both parties. The reasoning behind any potential custody or visitation change (a change in job hours, ability to take care of a child, living environment, allegations of abuse or similar) may be considered, and the opposing party will have the opportunity to defend themselves against any such claims as well as to reiterate their own stance.
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Child support
The Child Support Services program is not authorized to help with custody, visitation, or property settlements.
Rules for Child Support in Brunswick County
In Brunswick County, North Carolina, child support is determined by using the official North Carolina Child Support Guidelines, unless the parents agree to a different amount.
The factors the court considers when assigning child support obligation are:
- The reasonable needs of the child
- The standard of living maintained before a separation
- Any joint or shared custody arrangements
- Each parent's ability to pay
- Each parent's needs
- Any prior obligations of a parent to pay child support or alimony
- And any other relevant factors
The amount of child support can be calculated by using the Child Support Worksheet, which helps to generate an appropriate North Carolina child support obligation for each particular case, taking into account each spouse's financial information, including incomes, taxes, and retirement contributions.
Non-custodial parents and employers can remit child support payments by mail or online.
Custodial parents are responsible for paying a $25 non-refundable fee due at the time of application.
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Frequently asked questions
No, you do not need to be present at the divorce hearing in Brunswick County, NC. The divorce process can be completed online without a lawyer. However, if you have minor children, you will need to attend parenting classes and possibly mediation.
The length of time it takes to get a divorce in Brunswick County, NC depends on several factors, including whether the divorce is contested or uncontested. An uncontested divorce typically takes around 30 days if the spouses have already been separated for a year.
The cost of getting a divorce in Brunswick County, NC depends on various factors, such as whether the divorce is contested or uncontested, and whether you hire a lawyer. The average filing fee in North Carolina is $225.
