North Carolina Divorce Papers and Forms
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Use the North Carolina divorce papers to file according to State law (Chapter 50 – Divorce and Alimony) for a dissolution of marriage. The petitioner, or spouse that has decided to file, must do so at the county court clerk’s office only if the spouses have been living apart for one (1) year and one (1) day. A no-fault, “absolute divorce” may then be applied.
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- Residency Requirements
- One of the spouses must have been a resident of the State for at least six (6) months
How to File For Divorce in North Carolina
Step 1 – The petitioner must complete the following documents after the couple has been separated for at one three hundred and sixty six (366) days;
Step 2 – The petitioner must serve the other spouse, or known as the “Defendant”. The petitioner may do this by; certified mail or using the sheriff. The forms that must be sent are the Complaint and Summons. Once the forms have been successfully received by the other spouse, the USPS will send back a green form that states the items have been received. This green form must be attached to the Affidavit of Service by Mail.
- The Affidavit of Service by Mail must be signed in the presence of a notary public before filing with the clerk’s office.
Step 3 – The petitioner is allowed to schedule a court hearing through a Family Court Case Manager. Once you receive a court date, the petitioner must send the Calendar Request and Notice of Hearing to the other spouse.
Step 4 – Prior to going to the court hearing, the petitioner should bring all filed documents as well as the following completed forms to the hearing;
As long as all the forms are in accordance to the process of the State of North Carolina, the Judge will sign the Certificate of Judgment for Divorce.
Individual Forms
Sources
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