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How to File for Divorce in Wake County NC
Filing for divorce in Wake County, NC, can often feel like navigating through a maze of legal and emotional complexities. It’s more than just filling out paperwork; it’s a pivotal moment in your life’s narrative.
Picture yourself at a significant crossroads, where each decision you make impacts the direction of your future. In Wake, the divorce process is unique, with specific guidelines and nuances.
You need to understand the county’s specific divorce laws. This journey involves not just knowing residency requirements but also navigating the local court system’s unique procedures.
We’re here to guide you through this journey, offering clear and concise advice tailored to the Wake County divorce process. Consider this your personal guidebook, designed to simplify a potentially overwhelming process.
Are you ready to explore the steps for a smoother divorce process? Keep reading as we provide essential strategies and insights that can make your journey less daunting and more manageable.
To get more info on filing for divorce in North Carolina, find a detailed overview in our article, How to File for Divorce in North Carolina.
Key Takeaways:
- Understanding the divorce process in Wake County, NC helps you have a smoother experience.
- Eligibility requirements include residency in North Carolina for six months and a one-year separation period.
- Wake County allows for both no-fault and fault-based divorces, with specific grounds for each.
- Ensure you follow the correct steps to file for divorce, including gathering the necessary documentation and completing the required forms.
- Be aware of the filing fees associated with filing and explore options for fee waivers if you qualify.
Table of Contents
Who is Eligible to File for Divorce in Wake County NC?
In order to file for divorce in Wake County, NC, there are specific eligibility requirements that must be met.
First, either you or your spouse must have been a resident of North Carolina for at least six months prior to filing. This residency requirement ensures that your case is heard in a North Carolina court.
Additionally, a separation period of one year is required, during which the couple must have lived separate and apart.
During this separation period, the couple should not have cohabitated or resumed the marital relationship. This separation requirement is designed to ensure that both parties have had time to consider the decision to divorce and that the marriage is truly irretrievably broken.
Residency and Separation Table
| Requirement | Residency | Separation |
|---|---|---|
| Criteria | At least six months of residency in North Carolina | One year of living separate and apart |
| Purpose | Ensure case is heard in a North Carolina court | Allow time for reflection and consideration |
Grounds for Divorce
When filing for a divorce in Wake County, you can do so using either no-fault or fault-based divorces.
No-Fault Divorce
A no-fault divorce is an option when the couple has lived separate and apart for one year. This means that neither party has to prove fault or misconduct for the marriage to end. Instead, the separation period serves as sufficient grounds.
By choosing the no-fault option, couples can avoid placing blame or engaging in contentious legal battles. It provides a more amicable approach to ending a marriage and can be a less emotionally taxing process.
Fault-Based Divorce
In addition to the no-fault option, fault-based grounds for divorce are also recognized in Wake. These grounds require one party to prove that the other party’s misconduct was the cause of the divorce.
Some common grounds for fault-based divorce include:
- Adultery: When one spouse engages in extramarital affairs.
- Abandonment: When one spouse willfully deserts the other for at least one year.
- Incurable Insanity: When one spouse has been confined to a mental institution for at least three years.
In fault-based situations, evidence must be presented to demonstrate the other party’s misconduct. Consult with an experienced family law attorney to gather the necessary evidence and navigate the legal complexities of fault-based divorce.
Steps on How To File for Divorce in Wake County NC
Filing for divorce in Wake County, NC involves several steps. Here is a guide on how the filing process works:
- Gather the necessary documentation: Before filing, gather all the required documentation. This includes identification documents, marriage certificate, financial records, and any other relevant paperwork.
- Complete the required forms accurately: NC has specific forms that need to be completed accurately. These forms provide information about the grounds for divorce, property division, child custody, and support. Fill out the forms correctly to avoid any delays or complications.
- File the completed forms: Once the forms are completed, they must be filed in Wake County. Make sure to check the court’s filing requirements and procedures to ensure compliance.
- Pay the filing fees: Certain fees are due at the time of filing. These fees cover the processing and administration costs of the divorce case. More on these fees is below.
- Serve the divorce papers: After filing the forms, the next step is to serve the divorce papers to your spouse. This can be done either through certified mail or by hiring a professional process server.
- Attend any required court hearings: Depending on the circumstances, there may be court hearings that you are required to attend. It is essential to be prepared and present at these hearings.
- Follow through with the divorce process: Once the papers are served and the necessary hearings are attended, you will need to follow through with the divorce process until it is finalized. This may involve negotiations, mediation, or trial, depending on the specific details of your case.
What are the Filing Fees in Wake County NC?
When filing in Wake County, there are various fees that need to be considered. The specific filing fees can vary depending on the type of divorce and the services required.
Here is an overview of the common fees:
| Fee | Amount |
|---|---|
| Court Filing Fee | $225 |
| Service Fee | $30 – $50 |
| Copy Fee | $0.25 – $0.50 per page |
Please note that these fees are subject to change, so it is always a good idea to check with the Wake County Clerk of Court for the most up-to-date information. Additionally, there may be additional costs if you choose to hire an attorney or require other services throughout the process.
To get a sense of the average costs of a divorce in NC, please check out this article.
Fee Waiver
If you’re experiencing financial hardship, you may qualify for a fee waiver. To qualify for a fee waiver, you must meet certain criteria that demonstrate your financial difficulty.
To determine your eligibility, the court will typically consider factors such as:
- Your income
- Your expenses
- Your assets
To apply for a fee waiver, complete the appropriate application form and provide supporting documentation to prove your financial hardship. This may include income statements, bank statements, and proof of public assistance, among other documents.
In addition to fee waivers, there may be other resources and assistance programs available to help individuals experiencing financial hardship with the costs of divorce.
These programs can provide support and guidance throughout the process, ensuring that individuals have access to the necessary legal services without incurring significant financial burdens.
Wake County Court Location Info
The Wake County courthouse is located at:
316 Fayetteville St. Mall
Raleigh, NC 27601
- Telephone: (919) 792-4000
Being familiar with the county court location will allow you to navigate the court system in Wake County smoothly. Ensure that you arrive early for any scheduled court appearances and come prepared with any necessary documentation or forms.
How To File Without an Attorney
While seeking legal counsel is recommended when filing for divorce, many individuals choose to represent themselves in court. If you are considering filing without an attorney in Wake County, NC, it’s important to understand the benefits and challenges of self-representation.
Representing yourself, also known as pro se divorce, can save you on legal fees and give you greater control over the process. However, you’ll need to educate yourself on the legal requirements and procedures to ensure a successful outcome.
To see how this process of filing for divorce in Wake compares to that in other NC counties, check out our articles about how to file for divorce in Union County NC and filing for divorce in Brunswick County NC.
