Filing for Divorce
Not only is filing for a divorce an emotionally demanding process, it is also a legally intensive one. To be sure, in order to file for a divorce, one will need to gather and fill out the appropriate forms, file the forms at the relevant location, ensure that their spouse is served the petition and summons, and then negotiate any issues in a divorce (or go to court to litigate the divorce).
At the office of the Speaks Law Firm, PC Family Law Division, our Wilmington family lawyers are able to help you navigate the divorce process, beginning with collecting and filing the proper divorce-related forms. Here’s an overview of what forms you’ll need to file for divorce in North Carolina:
What Forms Do I Need When Filing for a Divorce in North Carolina?
You can file for divorce in North Carolina without establishing a cause for divorce, other than separation of one year, if:
- You are a resident of North Carolina (you or your spouse has lived in the state for at least six months); and
- You and your spouse have lived separate and apart for at least one year.
The following forms can help you to seek an absolute divorce from your spouse, but cannot help you in terms of seeking an award for equitable property distribution, alimony/spousal support, child support, or child custody. The three documents that you will need in order to inform the court of your intent to divorce are:
- Complaint for absolute divorce;
- Domestic civil action cover sheet; and
- Civil summons.
Once you have filled out these three forms, you must file them with your local clerk’s office and pay the filing fee.
One this step has been completed, the next step is to officially and legally inform your spouse of your intent to divorce. This requires serving your spouse with the complaint and summons (which can be done by the sheriff).
Once your divorce is finalized, two other important forms are the judgment for absolute divorce and the certificate of absolute divorce.
What About Resolving Issues in the Divorce?
The documents listed above are for those who are pursuing a pro se divorce, which means that they are representing themself during the divorce process. If you are hoping to obtain a judgment from the court in regards to other issues in the divorce, such as equitable distribution or child custody, there are separate forms that you must file, such as a claim of equitable distribution of marital property, or alimony and post-separation support forms.
Call Our Wilmington Family Lawyers Today
Navigating the divorce process on your own isn’t recommended, as if you make a mistake during the process, the consequences could be serious. Instead, you should work with a qualified family law attorney, such as those found at the Speaks Law Firm, PC Family Law Division. You can reach our Wilmington family lawyers to schedule a consultation by calling our law office directly, or sending us a message telling us more about how we can be of assistance.
Speaks Law Firm, PC Family Law Division
300 N. 3rd St. Suite 310
Wilmington, NC 28401