FAQs: Absolute Divorce

Absolute Divorce: Often referred to as a "simple divorce" or "no-fault" divorce, a type of divorce in NC that allows the parties to end the marriage and terminate property rights. Parties can enter into another marriage after the divorce is final. There are legal requirements that must be satisfied before filing for absolute divorce.

What do I need to prove to get a divorce in North Carolina?

Does it matter who files for the divorce?
Can my spouse stop me from getting a divorce?
How do I prove that my spouse and I have been living separate and apart for one year?
Do I need an agreement or court order to be legally separated?
Will the one-year separation start over if my spouse and I resume marital relations?
How do I get marital property, post separation spousal support and alimony?
Where do I get the forms to file for divorce? Am I required to fill in every blank on the forms?
Can my spouse stop me from getting a divorce?
How much does it cost to file for divorce?
Can I list the number of child/children that were born to the parties in lieu of those born during the marriage in the divorce complaint?
On the Certificate of Absolute Divorce Box #7 should I enter the number of child/children born during the marriage regardless of age?
How do I serve my spouse?
Can I have my spouse sign the papers if he/she agrees to the divorce?
What should I do when I cannot get my spouse served by one method of service?
Can I serve my spouse with the divorce papers?
Does my spouse have to sign any documents to accept service?
What if my spouse is in the military?
What should I do if the defendant is not served within the initial 60 days of service?
What should I do if I do not have a serviceable address for my spouse?
Will there be an actual court hearing?
How will I know my divorce has been granted?

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FAQs: Child Custody and Visitation

Questions Raised by Parents who have Primary Physical Custody

I'm a parent have primary custody of my child. What can I do to keep the father/mother out of my child’s life?
I'm a parent and I have primary custody of my child. My child’s father/mother pays no child support. Do I have to let the father/mother have visits?
I'm a parent and I have primary physical custody of my child. My child’s father/mother is behind on paying child support. Can I stop visits until the father/mother pays me what I'm owed?
My spouse and I just separated. My spouse is a great parent and I don’t want to go through a nasty custody battle with him/her. How do we resolve custody of the children without a nasty battle and without the help of an attorney?
When my child’s other parent and I lived together, we fought a lot but he/she never hit me. I don’t want my child around the other parent. What can I do to keep the other parent away from us?
I broke up with my daughter’s father/mother and another person who has asked me to marry him/her. Can I file for custody to keep my daughter’s father/mother from being involved in my new life?
I'm a parent and I have primary custody of my child. My child’s father/mother just got released from prison. Do I have to let the father/mother visit my child

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FAQs: Parents without Custody and Visitation

Questions Raised by Parents who DO NOT have Primary Physical Custody

I do not have primary physical custody of my child. My child’s father/mother (who has primary custody) will not let me visit with my child. What can I do?
I do not have primary physical custody of my child. My child’s father/mother (who has primary physical custody) will not let me have overnight visits with my five year-old son although the child’s father/mother lets his/her mother and strangers keep my son overnight. What can I do?
I do not have primary physical custody of my child. My children’s father/mother (who has primary custody) will let me see my daughters only when it is convenient for him/her. It does not matter what I have planned for the girls. If their father/mother does not want them to go, he/she refuses to allow me to have them. I have no say-so about if and when I see my daughters. What can I do?
I'm a parent without primary physical custody of my child. I have been paying child support regularly until I lost my job. I have been seeing my son regularly, also. Now that I'm behind in my support, my son’s father/mother (who has primary physical custody) refuses to allow me to visit with my son or even to call to talk to him on the telephone. Can the custodial parent do this? What are my rights?
I'm a FATHER. When my child’s mother and I were together, she became involved with another man. When she later became pregnant and gave birth, she did not list the child’s father on the birth certificate. She will not let me be involved with the baby. The baby looks exactly like I looked as an infant. I’m sure that he is my child. What can I do to prove that he is my child and to be allowed to be involved in his life?
I'm a parent and I have primary custody of my child. My child’s father/mother just got released from prison. Do I have to let the father/mother visit my child

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FAQs: Non-Parents seeking Child Custody

Non-parent parties may include the following: Grandparents, Aunts, Uncles, Cousins, Neighbors, and others not related to the child. NC law states that any relative, or other person, agency, organization or institution claiming the right to custody of a minor child MAY institute an action or proceeding for custody of the child.

We are GRANDPARENTS. Our son/daughter recently got a divorce. Their ex-wife/husband refuses to allow us any visitation with our grandchildren, ages two and four, whom we cared for throughout their entire lives while their parents worked and attended school. What are our rights?

We are GRANDPARENTS. Our son recently died. The children live with their mother. She refuses to allow us any visitation with our grandchildren, ages two and four, whom we cared for throughout their entire lives while their parents worked and attended school. What are our rights?
We are GRANDPARENTS. Our daughter and her husband recently moved out of our home with their three children who are under the age of three. All of them lived with us for the past thee years but now our daughter and her husband will not let us visit with our grandchildren. Can we file an action for visitation?
We are GRANDPARENTS. The Department of Social Services [DSS] terminated the rights of the parents of our grandchild because the mother and father neglected her. Do we have any rights to visitation with her?
I'm a GRANDMOTHER. My 16 year-old son and his 16 year-old girlfriend gave birth to a baby and now the baby’s other grandmother will not allow my son or me to have any involvement with the baby. What are his rights? What are my rights? Do I have any responsibility for this baby?
I'm an AUNT. The Department of Social Services took custody of my nieces and nephews because the mother and father neglected them. What can I do for my nieces and nephews?
I'm a FRIEND OF THE MOTHER. The mother is addicted to drugs and cannot take care of herself. She does not work. I'm taking care of her children. What can I do to get custody of the children?
I'm an UNCLE. My sister has serious mental problems and is homeless. I do not know who the child’s father is. Can I still try to get custody of my nephew/neice?
I'm NO RELATION to the child. My neighbor asked me to care for her baby while she ran an errand. That was nearly a year ago. I’ve not heard from her and she has never called about her baby. Do I have to be a relative to file for custody?


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