Filing For Divorce: Brunswick County, Nc

If you are considering filing for divorce in Brunswick County, North Carolina, you must meet the state's residency requirements. Either spouse must have lived in the state for at least six months before filing for divorce.

North Carolina is a no-fault state, so neither spouse has to prove the other party's misconduct to apply for divorce. One no-fault ground for divorce is Separation without cohabitation for at least one year (with no hope for reconciliation and no resumption of marital relations). Another no-fault ground is Incurable insanity, which caused the parties to live separate and apart for three consecutive years. This ground must be proven by the testimony of licensed physicians before the court.

If you have lived in North Carolina for at least six months and have been separated for at least one year, you can file for divorce without a lawyer. You can also use an online service to help you with your divorce papers.

If you have minor children, you will need to create a parenting plan that outlines how you will allocate your parental rights and responsibilities after separation. The judge will typically approve the parenting plan as long as it is in the best interests of the children.

Child support and spousal support may also be awarded in a divorce. Child support is determined by using the official North Carolina Child Support Guidelines, and spousal support is awarded based on each spouse's income and earning capacity, the length of the marriage, and other relevant factors.

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. There is no standard form for the Complaint, so if the plaintiff wants to file for property division or alimony, he or she must include these requests in the Complaint. The plaintiff must also pay a court filing fee.

After filing the petition, the plaintiff must serve the other party with copies of the divorce forms. This can be done with the help of the sheriff or via certified mail, FedEx, or UPS. Upon receiving the papers, the defendant has 30 days to file an Answer. After the waiting period has passed, a date for the court hearing can be set. In an uncontested case, the spouses can obtain their divorce right away after the hearing.

Residency requirements

To file for divorce in Brunswick County, North Carolina, you must meet the state's residency requirements. This means that either you or your spouse must have been a resident of North Carolina for at least six months before filing for divorce. This residency requirement can be fulfilled while you are working on the one-year separation period that is also required for getting a divorce in North Carolina.

In most states, you or your spouse must have lived in the state for a minimum time set by law before filing for divorce. This is usually between three to six months, but the requirements vary depending on the state and specific circumstances. For example, in Idaho and Nevada, the spouse seeking a divorce need only live in those states for six weeks before filing. On the other hand, some states like California have a two-part residency requirement, where you must reside in the state for six months and in the county where you file for divorce for three months.

Additionally, some states may reduce the minimum residency requirement if certain conditions are met. For instance, if both spouses live in the state, if the cause of the divorce occurred in that state, or if the couple was married in that state. Similarly, if you are seeking a divorce based on your spouse's adultery and your spouse is not a resident of that state, certain states may require you to have been a resident of that state for at least one year prior to filing.

Grounds for divorce

To file for divorce in Brunswick County, North Carolina, you must contact the Brunswick County Clerk of Superior Court. The Clerk's Office is located at 310 Government Center Drive NE Unit 1 Bolivia, NC 28422. The phone number is 910.253.3900 and the office is open Monday through Friday, 8:30 a.m. to 5 p.m.

In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to filing for divorce. You can also apply for divorce on the basis of incurable insanity, but this is not often used as it requires a three-year separation and proof of insanity.

North Carolina is a no-fault divorce state, meaning that you do not need to prove fault to obtain a divorce. Simply proving a period of one-year separation and six-month residency in the state is sufficient. However, North Carolina does consider fault in other circumstances, such as divorce from bed and board and alimony.

In some counties in North Carolina, it is possible to obtain a divorce without going to court. For example, in Mecklenburg County, as long as all the procedures have been met (six-month residency, one-year separation, service to the opposing party, and no issues of material fact), a court appearance is not necessary. In other counties, the court may require the testimony of at least one of the parties to determine whether an absolute divorce is appropriate.

Child custody

If you are seeking a divorce in Brunswick County, North Carolina, and have children, you will need to determine child custody arrangements. Child custody refers to the situation in which a parent or parents are granted the responsibility of raising and protecting their child. There are two common types of custody: sole custody and joint custody. Sole custody is when one parent is granted physical and/or legal custody of the child, whereas joint custody entails that both parents are entitled to physical and/or legal custody, involving a set schedule and negotiation.

Physical custody refers to the parent who has actual, physical custody of the child. In cases of sole physical custody, visitation from the other parent may be allowed, depending on the best interests of the child as determined by the court. In joint physical custody, both parents share physical custody according to a predetermined schedule.

Legal custody, on the other hand, refers to the parent(s) who have the right to make important decisions for the child, such as education, religion, and other life choices. Similar to physical custody, legal custody can be sole or joint.

In Brunswick County, child custody hearings may arise during bitter divorce or separation proceedings, or in cases of alleged abuse. Custody can be determined by the parents themselves in amicable separations or by the courts in more contentious cases. If the case goes to court, a judge will consider factors such as the child's welfare and best interests, the health and habits of the parents, their living situations, and the child's wishes, depending on their age and the circumstances.

To obtain custody of your child in Brunswick County, you can seek the assistance of a child custody lawyer. These lawyers can help you modify existing agreements, change custody and visitation terms, and represent you in court if needed. Additionally, Brunswick County offers Child Support Services to assist custodial parents with establishing and collecting child support payments. However, this program is not authorized to help with custody, visitation, or property settlements.

Child support

When filing for divorce in Brunswick County, NC, you may need to consider child support. Here is some information about child support in Brunswick County, NC:

> Brunswick County Department of Social Services

> 60 Government Center Drive

> Bolivia, NC 28422

> Attn: Fiscal Unit - Child Support Application

Individuals who receive services through Public Assistance (IV-A) or Foster Care (IV-E) programs are automatically referred to Child Support Services (CSS) free of charge. You can apply in person without an appointment, or by calling 910-253-2076 to request an application.

Non-custodial parents and employers can submit child support payments by mail or online. Mailed payments should be sent to:

> Child Support Enforcement

> PO BOX 20800

> Raleigh, NC 27619-0800

Mailed payments should include the MPI number, case number, and the last four digits of the payer's social security number.

Please note that mailed payments sent to Brunswick County DSS will be forwarded to Raleigh, which will delay the posting of the payment.

Parents and guardians can access their case information 24/7 using eChild Support. Additionally, the Child Support Services program is not authorized to assist with custody, visitation, or property settlements.

In terms of child custody, there are two common types: sole custody and joint custody. Sole custody is when one parent has physical or legal custody of the child, while joint custody allows both parents to have physical or legal custody, involving a set schedule and negotiation. Physical custody refers to the actual, physical custody of the children, while legal custody refers to the power to make important decisions for the child, such as education and religious choices.

Spousal support

Alimony, or spousal support, is usually awarded during divorce proceedings in Brunswick County, North Carolina, to assist a dependent spouse. A dependent spouse is considered by the state to be someone who is substantially reliant on their partner for financial support or maintenance, or someone who is in need of maintenance.

Alimony is not automatically granted and must be requested by filing with the North Carolina district court handling the divorce proceedings. The court will then assess the finances and circumstances of both spouses to determine a fair and equitable form of alimony.

Alimony can be awarded as a lump sum or on a continuing basis. It can also be modified or terminated if circumstances change, such as a loss of employment by the supporting spouse, or if the spouses resume their relationship, the dependent spouse remarries, or the dependent spouse cohabits with another adult in a romantic relationship.

To be eligible for alimony, the spouse must not be able to meet their own reasonable financial needs or maintain their standard of living without the other spouse's income or assets. The judge will decide if either spouse meets the criteria and is eligible for alimony.

There are two types of spousal support in North Carolina: post-separation support and alimony. Post-separation support is a temporary form of support that is provided while the court evaluates the alimony claim. It can be awarded as monetary payments or continued health insurance coverage under the supporting spouse's plan. It may also include payment of attorney fees and costs for the dependent spouse. Post-separation support ends when a judge grants alimony, or when the claim is dismissed, or if the dependent spouse remarries or moves in with a new partner.

Alimony is more permanent and is usually paid regularly for a specified amount of time, but it can also be indefinite. Alimony can be terminated if either spouse dies or if the court-ordered end date passes. The amount can also be changed or stopped if either spouse experiences a significant change in circumstances.

Factors that influence the amount and duration of alimony include:

• Earning capabilities of both spouses
• Length of the marriage
• Standard of living during the marriage
• Assets and property acquired during the marriage
• Each spouse's disabilities or other unique needs
• Each spouse's age and physical and mental health
• Marital misconduct, such as abandonment, reckless spending, or dangerous behaviour

Frequently asked questions