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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40093
Experience:  30 years in civil, probate, real estate, elder law
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How can I get a quick divorce in north Carolina

Customer Question

How can I get a quick divorce in north Carolina while in the army?
Submitted: 6 years ago.
Category: Legal
Expert:  Ray replied 6 years ago.

RayAnswers :

Thanks for your question and good evening.Do you still claim another state here as your legal residence?

Customer: No. Both of us claim nc
RayAnswers :

Then there is no way around the state law here.

RayAnswers :

To file for a divorce, either spouse must have been a resident of the State of North Carolina for at least six months next preceding the filing of the complaint. The divorce proceedings will be in the county where either party resides. [Based on North Carolina General Statutes, Chapter 50, Sections 50-3 and 50-8]


LEGAL GROUNDS FOR DIVORCE:


North Carolina allows the following grounds for divorce:



  • Living separate and apart for one year.

  • Living separate and apart for three consecutive years, without cohabitation, by reason of the incurable insanity of one of them, the court may grant a decree of absolute divorce upon the petition of the sane spouse.

  • The following are allowable fault grounds for divorce if either party:



  1. Abandons his or her family.

  2. Maliciously turns the other out of doors.

  3. By cruel or barbarous treatment endangers the life of the other.

  4. Offers indignities which render the other spouse's condition intolerable and life burdensome.

  5. Becomes an excessive user of alcohol or drugs.

  6. Commits adultery.


[Based on North Carolina General Statutes, Chapter 50, Sections 50-5.1, 50-6, and 50-7]

RayAnswers :

Free forms for you to file here in NC

RayAnswers :

You can either do this together yourself or split a lawyer and file after the year of separation.

RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.

Customer: If we both agree can we get a divorce without the year of separation?
RayAnswers :

You can also order form packets and ther is self help here

RayAnswers :

Good luck to you here.

RayAnswers :

Thanks for letting me help

Expert:  Ray replied 6 years ago.
.
Customer: replied 6 years ago.
If we both agree can we get divorced without the year of separation?
Expert:  Ray replied 6 years ago.
No unless one of you is able to relocate here to another state and file there.Otherwise unfortunately NC is real backwards and requires the year.I mean a person can relocate to say Nevada for six weeks and file there claiming residency but it isn't always possible to relocate.Thats why I had asked if one of you could claim another state here.

Thanks for letting me help you.If you could click accept it much appreciated.Have a great evening.
Ray and 6 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Where can I find out how long I have to stay in each state to get divorced? I need to get her out of my life asap
Expert:  Ray replied 6 years ago.
Here is a list here.Again Nevada is probably the most liberal here--six weeks residency,

http://causesof-divorce.com/residency-requirement-of-courts-in-united-states/