North Carolina Divorce Steps

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Documents required for initialization of North Carolina Divorce Steps

1. Complaint for Divorce
2. Complaint for Divorce Verification
3. Civil Summons
4. Domestic Civil Action Coversheet
5. Affidavit of Service by Certified or Registered Mail
6. Defendant's Acceptance of Service of Process and General Appearance
7. Defendant's Answer to Divorce Complaint and Waiver
8. Judgment of Divorce
9. Certificate of Absolute Divorce and Annulment
10. Motion for Summary Judgment and Notice of Hearing

Some of the above listed forms are in need of notarization. These must be signed in the presence of the Notary. The Petitioner must make 2 copies of Form No.'s 1 to 4 and file all 3 copies with the court clerk. The Petitioner must pay the filing fee as a money order or cash.

The Petitioner can locate the court clerk at the following address.

Room 3725, 832 E. Fourth Street, Charlotte, NC 28202.

North Carolina Divorce Steps regarding Service of documents

The Petitioner must serve the Respondent a copy of Form No.'s 1 to 4 as well as Form No.'s 6 and 7.

Service by Mail

• The Petitioner must approach a post office and dispatch the divorce documents by certified or registered mail. Simultaneously, the Petitioner must demand a return receipt
• The Petitioner must complete the Affidavit of Service of Process by Certified or Registered Mail. A public notary must certify this document
• The post office would mail a post card to the Petitioner indicating that the Defendant has received the documents
• The Petitioner must file the Affidavit and the post card with the court clerk prior to completion of the Notice of Assignment

Service by Sheriff

• The office of the clerk dispatches the divorce documents of the service fee of the Sheriff to the office of the Sheriff
• Alternatively, the Petitioner hands over the documents in the Sheriff's office
• In any of the above two methods, the Petitioner must retain a copy of the stamped summons and petition in his / her personal file
• After the service is complete, the deputy of the Sheriff completes a back telling about how the documents were served and files this information with the court clerk
• The court clerk dispatches a Notice of Assignment / Service Card to the Petitioner indicating that the Defendant has been served the papers. The trial date is also mentioned

Divorce Steps after Service

• In response to the Complaint, the Defendant may decide not to file any forms. Then, the Petitioner must wait for 33 days from the service date. This wait is a chance for the Defendant to file an Answer
• After receiving the Complaint, the Defendant may file Form No.'s 5 to 7 (in the list above). Then, the Petitioner must wait for 31 days from the filing date of Form No.'s 5 to 7. Once this duration is complete, the Petitioner can file Form No's 8 to 10 (in the list above) along with 2 self addressed and stamped envelopes

Eventual Divorce Steps

• The court clerk allocates a hearing date
• The court clerk mentions this date on the Notice of Hearing and Motion for Summary Judgment
• The Petitioner may remain absent in the court during the hearing
• The Petitioner must mail a copy of the Notice of Hearing and Motion for Summary Judgment by first class mail to the Defendant. The Defendant must receive these copies minimum 13 days prior to the hearing date
• The Judge reviews the case file. If all the Form No.'s 1 to 10 (of the above list) are filed and filled in properly, the Judge enters a Judgment of Divorce

• The court dispatches a letter to the Petitioner regarding why the Judgment of Divorce was not entered (if it is so)
• It is the Petitioner's responsibility to find out why the divorce was refused and execute the corrective measures to obtain it

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