The following laws are explained very briefly to provide a basic understanding. If further knowledge is wished to be gained please make use of your local library, and seek the assistance of an attorney. This section is reviewed regularly, but due to the changing of laws some material may be outdated.

Where to File: The county in which either spouse resides.

Grounds for Absolute Divorce:

Bigamy ( grounds for annulment )
Fraud, Force or Duress ( grounds for annulment )
Impotence
Insanity ( grounds for annulment )

Grounds for "No-Fault" Divorce:

Irreconcilable Differences or Irretrievable Breakdown

Time before ex-spouses may remarry: Plaintiff ( none ) Respondent ( none )

Voluntary or required Mediation: ( yes )

Voluntary or recommended Counseling: ( yes )

The Distribution of Property:

North Carolina is an "equitable distribution" state. The court has full discretion to divide the real estate and all marital property. Any inheritance or gifts received prior to the marriage is not considered for distribution. The following factors are generally considered: age and health, length of marriage, vocational skills, occupations, contributions in acquisitions, employability of spouses, and custody.

Spousal Support:

Support can be ordered to either spouse, without consideration of any marital fault. Employment possibilities of the spouse tends to cause the greatest influence on the decision. Living conditions similar to those when marriage existed is attempted to be restored, but a lot of factors play a significant role.

Child Custody:

Custody is awarded with the best interests of the child or children in mind. The following factors are generally considered: the age and sex of child, the wishes of the parents, the child's ability to adapt to a new environment, the mental and physical health of the parents and child, and the relationship each parent has with the child.

Uniform Child Custody Act: 1979
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES

Child Support:

Either or both parents may be required to provide the support of maintenance, insurance, and education of the child. There are specific guidelines to be followed, unless when proven to be unjust. The following factors are generally considered: a child's need for contact with both parents, the joint responsibilities for the welfare of the child, the financial resources, cost of day care, and the standard of living the child would have otherwise enjoyed had not the divorce taken place.

Document Example

To prepare your documents, you would simply edit the information as it applies to you.

IN RE THE MARRIAGE OF:   Case No. ____________________ JANE DOE, Petitioner, and PETITION FOR DISSOLUTION OF MARRIAGE JOHN DOE, Respondent. COMES NOW the Petitioner, JANE DOE, and respectfully petitions and shows this Court as follows: I.           The vital statistics concerning the parties are as follows:           A. PETITIONER: Age: 28 Occupation: Clerk Petitioner now resides at 123 Main Street, Douglas, North Carolina 54321, County of Surry. Petitioner has been a resident of the State of North Carolina since April 8, 1968.           B. RESPONDENT: Age: 32 Occupation: Vice President, 7-11 Convenience Stores Respondent now resides at 456 Corner Drive, Douglas, North Carolina 54321, County of Surry. Respondent has been a resident of the State of North Carolina since December 2, 1978. II.           The Social Security Numbers of the parties are as follows:           Petitioner: 555-23-9178           Respondent: 875-12-3354. III.          { CHOOSE ONE OF THE FOLLOWING }           A. At least one of the parties has had actual residence in this state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing of this petition.           B. The Petitioner is serving in the United States Armed Forces and has been continuously stationed at a military base or installation in this state for one year.

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Document Kit Contents

Your document kit will include: Instructions for completion of your documents Petition for Dissolution of Marriage Sample Marital Settlement Agreement Financial Affidavit of Petitioner Financial Affidavit of Respondent Answer and Waiver of Hearing Verification Affidavit of Non Military Service Affidavit of Corroborating Witness Decree of Divorce Sample Proposed Property Settlement Summons Notice of Hearing Affidavit of Service Affidavit of Diligent Search for Service by Publication If children are involved: Affidavit of Uniform Child Custody Jurisdiction Act Sample Parenting Plan Important Disclaimer: Legal-Online.Org Self-Help Products are designed to provide authoritative and accurate information in regard to the subject matter covered. However, neither this nor any other publication can take the place of an attorney on important legal matters. Information in this kit has been carefully compiled from sources believed to be reliable, but the accuracy of the information is not guaranteed, as laws and regulations may change or be subject to differing interpretations. This is a self-help legal product and is intended to be used by the consumer for his or her own benefit. Use of this kit to benefit a second party may be considered in many states as the unauthorized practice of law. As with any legal matter, you should consult with an attorney if you are unsure about proceeding, your case is of a complicated nature or to obtain legal advice. It is understood that by using this kit, you are acting as your own attorney. Accordingly, the publisher, author, distributor and retailer shall have neither liability nor responsibility to any party for any loss or damage caused or alleged to be caused by use of the kits. These kits are sold with the understanding that the publisher, author, distributor and retailer are not engaged in offering legal services. Should legal services or other assistance be required, the services of a competent legal professional should be contacted in your area. In addition, some counties or states may require use of additional documents not found in this kit. If this is the case, please contact us We will attempt to locate the additional forms for you at no cost. Purchase of this kit constitutes acceptance of these terms.

These documents are available in the following formats:

Microsoft Word

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