Step by Step Process for Divorce Filing in North Carolina
Filing for No-Fault Divorce
- 1). Complete the legal documents required by your county. These are typically a domestic civil action cover sheet, a complaint and a summons. Produce three copies of the complaint. Have the complaints notarized and verified. The Clerk of Court provides carbonized documents for the summons, resulting in four copies.
- 2). File the completed complaint, cover sheet and summons with the Clerk of Court. Pay the required filing fees, which vary from county to county. The Clerk of Court will date-stamp all documents and record your assigned case number.
- 3). Serve the summons on your spouse either through the Sheriff's Office or by certified mail. Pay a fee if the summons is served by law enforcement. Inform the Clerk of Court of your intended means of service. Retain all receipts if you serve the summons by certified mail. Your spouse has 30 days to contest the divorce.
- 4). File a hearing request form with the Clerk of Court after obtaining proof that a signed green signature card has been returned to you by certified mail or through the Sheriff's Office and after 30 days have elapsed.
- 5). Mail a copy of the hearing request to your spouse.
- 6). Complete the Affidavit of Service if the summons was served by certified mail.
- 7). Bring all documents to court on the date of the hearing, including receipts.
- 8). Testify regarding your marriage date, the date of separation and the length of separation. Some counties require that a witness be available to testify to the veracity of your statement of separation.