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Check Eligibility Check if you qualify Find out if you and your circumstances are eligible for our easy divorce process. Complete the questionnaire Our questionnaire guides you through filling out divorce paperwork. Review your forms Review your personalized legal documents before final submission. File for divorce Take the final step towards your new beginning with detailed filing instructions.

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Online Divorce in Guilford County

Please note: OnlineDivorce.com is not eligible to provide legal advice. This service is intended for the preparation of divorce paperwork in Guilford County, and all over the US. All the information below is for informational purposes only.

Spouses who strive for a peaceful separation by reaching an agreement on all issues can file for an uncontested divorce in Guilford County. An uncontested divorce is the fastest and easiest way to get divorced since litigation is unnecessary.

Instead of a divorce trial, before filing for divorce in Guilford County, the spouses should resolve important matters such as the distribution of property, child custody, visitation, finances, etc., and sign a Marital Settlement Agreement out-of-court. If the judge reviews and deems the terms of dissolution to be fair, the dissolution will be granted with minimal drama.

In some simple cases, the spouses can even get a no-contest divorce in Guilford County without a lawyer. A do-it-yourself divorce is a valid and cheap option, though it requires some effort with the paperwork. That is where OnlineDivorce.com becomes a viable option to assist with the process. OnlineDivorce.com gives those who want to obtain an inexpensive and quick divorce in Guilford County assistance with divorce papers matters. With this service, you can fill out the documents on your own without having to seek information about Family Law.

OnlineDivorce.com collects the divorce papers needed for your particular case and completes them at an affordable price. The printable court-ready divorce documents will arrive in your email within just a couple of days. Since paperwork is the most crucial and difficult step of any uncontested dissolution, OnlineDivorce.com speeds up the length of the whole process by preparing the necessary divorce forms quickly and accurately, allowing you to avoid undue stress and effort.

Valid grounds to get divorce in Guilford County

North Carolina is a no-fault state, so neither spouse has to use fault-based grounds or prove the other party's misconduct to apply for divorce in Guilford County.

Under the North Carolina General Statutes, Sec. 50-6, one no-fault ground for divorce is "Separation without cohabitation for at least one year (with no hope for reconciliation and no resumption of marital relations)." Wherein, if it turns out that the parties have renewed the marital relationship/spent the night together/etc., this one-year timeline may be reset.

Another no-fault ground for dissolution of the marriage is "Incurable insanity, which caused the parties to live separate and apart for three consecutive years." This ground must be proven by the testimony of licensed physicians before the court.

Divorce in North Carolina

Custody of the child in Guilford County

When getting a divorce in Guilford County, spouses who have minor children can write a parenting plan that outlines how they are going to allocate their parental rights and liabilities after separation. The judge will typically approve the parenting plan so long as the best interests of the children are met.

If the parents cannot come to an agreement on their own, the court will intervene to resolve issues.

Both joint and sole custody to either parent may be awarded in a divorce with children involved. When it comes to child custody, North Carolina courts are guided by the best interests of the child. The matters of legal and physical custody are considered on a case-by-case basis, after weighing the factors including but not limited to:

Divorce in North Carolina

Rules for child support in Guilford County

Child support is the amount of money needed to meet the reasonable needs of the children. Child support payments must cover food, clothing, health insurance, reasonable education expenses, and in some cases, extraordinary medical expenses, and travel costs.

In Guilford County, North Carolina, child support is determined by using the official North Carolina Child Support Guidelines, unless the parents agree to a different amount.

Child support may be ordered via the spouses' request to approve their Voluntary Support Agreement or through a court order that includes child support.

The factors the court considers when assigning child support obligation are:

The amount of child support can be calculated by using the Child Support Worksheet which helps to generate an appropriate North Carolina child support obligation for each particular case, taking into account each spouse's financial information including incomes, taxes, and retirement contributions.

Divorce in North Carolina

Rules for spousal support in Guilford County

According to the North Carolina General Statutes, Sec. 50-16, either spouse may move for alimony. The court awards alimony to the dependent spouse upon the condition that one party is a dependent spouse, the other party can pay, and the award of alimony is equitable in a particular case. For example, in a divorce in Guilford County, if a dependent spouse has committed adultery, the award of alimony typically cannot be considered fair and relevant.

In general, the court determines the amount and duration of payment of alimony on a case-by-case basis after weighing all relevant factors, including:

Property division in Guilford County

Divorce in North Carolina

Property division in Guilford County

North Carolina is an equitable distribution state. According to the North Carolina General Statutes, Sec. 50-20, in a dissolution, "there shall be an equal division by using net value of the marital property and the net value of the divisible property unless the court determines that an equal division is not equitable." So, all the spouses' marital assets should be divided equitably (even if not equally), and the separate property of each party, which includes property owned before marriage, inherited property, and gifts from someone other than the spouse, shall remain with the initial owner.

If an equal distribution is not deemed fair, the court considers the following factors in determining how property must be divided in a particular divorce case in Guilford County:

Divorce in North Carolina

Mediation support in Guilford County

In Guilford County, North Carolina, mediation, as well as parenting classes, can be ordered in all suits with custody issues involved, and primarily if parents dispute child custody. Mediation is committed to encouraging the peaceful and mutually-beneficial negotiation between the parties so that they can create their Parenting Plan and avoid litigation as well as any traumatic experiences for their child.

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Divorce in North Carolina

How to file for divorce in Guilford County | Step-by-Step

The spouses must meet North Carolina residency requirements to get a divorce in Guilford County. According to the North Carolina General Statutes, Sec. 50-6, either the plaintiff or defendant in the suit must be a resident in the State for at least six months before filing for divorce. The couple may terminate the marriage in Guilford County if one of the spouses currently resides there.

In Guilford County, the plaintiff has to file the Petition (Complaint), Summons, and other relevant forms with the local clerk of court. Family law Complaints are filed in the District Court Division of the North Carolina General Court of Justice.

There is no one standard form for the Complaint, so if the plaintiff wants to file for property division or alimony, he or she has to include these requests in the Complaint.

The petitioner must pay a court filing fee.

After filing the petition, the plaintiff should learn how to serve the other party with copies of the divorce forms. In Guilford County, the serving process can be accomplished with the help of the sheriff, who will personally serve the defendant with the papers, or via certified mail, FedEx, or UPS. The plaintiff is not allowed to deliver the documents on their own.

Upon receiving the papers, the defendant has 30 days to file an Answer. After the waiting period has passed, a date for the court hearing can be set. In an uncontested case, the spouses can obtain their divorce right away after the hearing.

Divorce in North Carolina

Filing fees for divorce in Guilford County

How much a divorce can cost in Guilford County depends on whether the spouses contest the case, whether they use the help of legal representatives, and many other individual circumstances. In any case, a legal proceeding always starts with a court filing fee. The average filing fee in North Carolina is $225, and it is mandatory for all petitioners except those qualified to file as indigents.

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Court Filing Fee Estimator

Please note that the divorce filing fee calculator provides an estimate of the costs associated with filing for divorce in your jurisdiction. These fees are paid directly to the courthouse and are a mandatory part of the divorce filing process. The actual amount may vary depending on specific court requirements and any additional services you may need. It is important to understand that these fees are due at the time of filing your divorce documents and are essential for the processing and handling of your case. Please contact your local courthouse for the most accurate and up-to-date information regarding divorce filing fees in your area.

Estimated Filing Fees in ,