North Carolina Divorce Laws -
What to Expect When Help Yourself Divorce Prepares Your Divorce Papers

Grounds for Divorce.
When Help Yourself Divorce prepares your divorce papers, your divorce will be filed based on the grounds that the husband and wife have lived separate and apart for one year. If you and your spouse have not been separated for at least one year, that means you will not be able to file the papers we prepare until that requirement has been met.

 

Residency Requirements.
To use our services, either you or your spouse must have resided in North Carolina for at least six months.

If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in North Carolina for at least six months and currently live in North Carolina, or have lived in North Carolina within six months of filing.

 

Where to File Divorce.
You should file the divorce papers in the North Carolina county where either spouse resides.

 

Service.
With Help Yourself Divorce, you have three options for serving your spouse with the divorce papers:

1. You can ask the Sheriff to make service.

2. You can serve your spouse by certified mail, return-receipt requested.

3. Your spouse can sign an Affidavit of Service stating he or she has received a copy of the papers. This is the easiest and least-costly method, and allows you to simply mail the papers via regular mail, or hand-deliver the papers to your spouse by handing them to your spouse or leaving them at his or her home or workplace.

We provide you with the necessary forms for each type of service, and when you get the papers you can decide which method you want to use.

 

Waiting Period/Final Hearing.
There is a 30 day waiting period after service is made (see above, "Service") before your divorce can be finalized. Your divorce is finalized during a brief hearing, which only the petitioning spouse is required to attend, although both spouses can attend if desired.

 

 

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IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Seek help from an attorney if you need legal advice.