NC Divorce Lawyers - How do I file a claim for divorce?

October 21, 2009 (AmericanInjuryNews.com - Press Release)

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Raleigh, North Carolina (CaymanMama.com) — The decision to get a divorce is never an easy one. The North Carolina divorce lawyers at the law firm of Gailor, Wallis & Hunt, PLLC can help to make the process easier and more understandable.

One of the most asked questions is: How do I file a claim for divorce?

When beginning to file for a divorce in North Carolina, the first stop is the preparation of documentation and then filing the complaint in court.

The complaint outlines to the court and to the other spouse (once served) that the filing party wishes for the court to dissolve the marriage. It also records any requests, such as child custody, child visitation, child support, spousal support, property division, attorney’s fees and court costs.

According to the Raleigh divorce attorney’s website: “After the complaint is filed, the defendant must be served with a copy of the complaint. The defendant has thirty (30) days from the date of service of the complaint to serve an answer. If the defendant requests an extension, it is common for that party to be granted an additional thirty (30) days to serve an answer.

“The defendant may raise a counterclaim that is a part of the same pleading containing the answer. If the defendant files a counterclaim, the plaintiff must serve a reply within thirty days (or sixty days if an additional thirty day extension is granted).”

In some cases, both parties will agree on all outstanding issues. However, in some cases, a trial may be required to resolve any of the claims which aren’t agreed upon.

While a lawsuit is not always necessary in the case of divorce, most can be settled by an agreement prior to or following the filing of the complaint.

If you have questions about divorce and family law in North Carolina, contact the Raleigh North Carolina divorce and family law firm of Gailor, Wallis & Hunt, PLLC online at http://www.gailorwallis.com or call 866-362-7586.

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