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Q. Do I need a separation agreement to be "legally separated?"A. The only basic requirements for a divorce in North Carolina are that the parties involved be separated for one year prior to the filing of the divorce, and that the court has jurisdiction over at least one party. A written separation agreement is NOT necessary to start the clock running on the one-year requirement. You DO have to live separate and apart (in separate residences) for one year.Q. What if I can't locate my spouse?A. This problem happens frequently, particularly when the parties have been separated for a lengthy period of time. If you can't locate your spouse, you can serve them through "publication". This means that a notice would be placed in a newspaper one day a week for three consecutive weeks announcing the filing of your divorce, and informing your spouse that they have 40 days to respond from the date the notice is first published.Q. What is an "uncontested divorce?"A. An uncontested divorce is where both parties agree to the divorce AND have already agreed to ALL other issues related to the marriage before the divorce is filed. The date of separation is not in dispute, nor are there any issues regarding child custody, child support, alimony or property division.Q. How much does an uncontested divorce cost?A. Our current fee for an uncontested divorce is $350. In addition, there are court filing fees and the cost of having the opposing party served.Q. Can other issues such as custody, support, and property be resolved without a lawsuit?A. Yes, and we encourage parties to work things out this way. It can be far less expensive, and usually much less stressful. You and your spouse can enter into a written separation agreement that resolves all other pending issues. However, for child custody and child support it may be better to enter a "friendly lawsuit" and have a consent order entered through the court in some instances.Q. How long does it take?A. We can usually obtain an uncontested divorce for you within 45 days from the day you hire us.Q. Will I have to go to court?A. If the divorce is uncontested, you will not have to appear in court.Call The Spagnola Law Firm today or inquire online to schedule a consultation.
Frequently Asked Questions About Divorce
The Spagnola Law FIrm in Greensboro, North Carolina, represents clients throughout the Piedmont Triad area, also including Gibsonville, High Point, Jamestown, Oak Ridge, Pleasant Garden, Sedalia, Winston-Salem, Asheboro, Liberty, Whitsett, Kernersville, Reidsville, Eden and Randleman in Guilford County, Rockingham County, Randolph County and Alamance County.
THE SPAGNOLA LAW FIRM
Greensboro North Carolina Family Law, Bankruptcy and Estate Attorney