When filing for divorce, there are a number of steps to take. First, you must verify your eligibility for filing. This means, in order to secure a legal and binding termination of the marriage, you must be able to satisfy the state's residency requirements.
To fulfill these requirements, you must be able to prove that either you or your spouse has resided in the state for at least six months prior to the divorce filing. To determine eligibility for legal separation of your spouse, your residency will need to be authenticated by your sworn statement. Filing for divorce in Durham NC provides the best legal representation for your family law matters.
In addition to these residency requirements, also requires the divorce petition to state the grounds of your filing. This is due to the fact that you are able to file for what is known as a no-fault divorce. No-Fault divorce does not require wrongdoing to be proved by either party. A no-fault divorce can be decided if mutual consent is determined.
If your spouse does not agree with mutual consent, you may enact a provision. This provision details that if you have been living separately for a minimum of two years and the marriage cannot be rectified. You may also opt for a fault-based divorce which can be used for reasons such as adultery, separation, conviction of a felony, desertion, and abandonment, or bigamy and insanity.
The next step is to file the divorce papers. You must obtain the papers from the office of the county clerk where you plan to file for divorce. Be sure to satisfy all of the requirements on these forms. This can include any special requests you have, such as requesting child support, child custody, alimony or rights to the property.
After the forms are completed, they can be filed with the county clerk. After the forms have been officially signed and stamped by the office, you must serve them to your spouse through the sheriff's office or by a private process server. The act of serving the papers to your spouse provides them with an official warning of the upcoming legal action.