Family Law
Simple Divorce

Divorce in North Carolina is based on separation for one year. Neither party has to prove that there is any fault. You simply have to state to the Court that they have, in fact, lived separate and apart for one year.

To file for divorce in North Carolina, you must have resided in North Carolina for at least six months. It is not necessary for the other party to live in North Carolina for a simple divorce. If, however, you wish to file for any other marital claims, then your spouse must live in North Carolina.

Please note that you may need forms specific for your particular county (notably Wake and Durham counties). If this is the case, your clerk or case manager will probably be happy to help provide those forms. Otherwise, the process below will give you enough to file on your own. In addition, please note that as the law may change at any time regarding divorce, you should always consult an attorney before proceeding with filing for a divorce on your own.

HINT!! Be polite and respectful when dealing with the clerks and court staff.


The Process

1. Filing the Complaint

To initiate a divorce in North Carolina, one simply needs to file a complaint. Your complaint will set forth that you reside in North Carolina, your date of marriage, date of separation, and that you have actually lived separate and apart. You will sign the Complaint in the presence of a notary. Make two copies of the original.

When you file your divorce, you must bring a Domestic Cover Sheet and three copies of the Summons. The domestic cover sheet is a form that should be provided to make the process easier for the Clerk's office. The Summons is an important document that informs your spouse that you have filed a divorce action against them.

Once you have your paperwork prepared, go to your Clerk's office to file. You will need to bring cash or certified funds in the amount of $165.00 payable to the Clerk of Superior Court of your county (the amount changes frequently so you may want to bring some extra cash in case it has gone up since we published this info). You should take the original and two copies of the Complaint, three summonses, and a domestic cover sheet. The clerk will take your paperwork and return two summonses and two copies of the complaint.

2. Service of Process

Service of Process is one of the most important parts of filing a case. It gives the Defendant official notice that a divorce has been filed. You must give notice in such a way that you can prove that the Defendant actually received the notice.

There are three ways to accomplish service.
a. By Sheriff. The Sheriff of the County where the Defendant resides may serve the summons and complaint. Generally, the charge for this service is $15.00. If you wish to do this, contact the Sheriff's office in the Defendant's county. Once service has been accomplished, then the Sheriff will alert the Clerk's office. You must check with the Clerk's office regularly after attempting this method to see when service has been completed.
b. Certified Mail. You may also send service via certified mail. To do so, simply send a copy of the complaint and a summons to your spouse via certified mail, return receipt requested. When the return receipt comes back, fill in an Affidavit of Service by Certified Mail. File the affidavit with return receipt attached at the Clerk's office.
c. Publication. If you cannot locate your spouse after a reasonable search, you may serve them by publishing a notice in a newspaper of general circulation in the last place that they resided for three consecutive weeks. Please note that this is a method of last resort and the Court will be very careful before accepting this method. In addition, this method is often very expensive, as much as $500 in publication costs. You should contact an attorney before attempting this on your own.

You may also bypass the service process by having your spouse sign a Waiver of Service. If your spouse is cooperative, then they may sign a document waiving their right to be served and answer the complaint. This signed and notarized document would then be filed at the Clerk's office.

3. Setting your case for trial

Once service has been accomplished, your spouse has 30 days to file an answer to the complaint. Usually, in a simple divorce action, there is no need to file an answer unless there is a disagreement about date of separation or if your spouse wishes to make a marital claim (see Marital Claims section). If there is no answer filed in thirty days (or if there is a signed waiver), you may go to the Clerk's office and request a hearing date. When you go, bring a Notice of Hearing (with 2 copies). Durham and Wake Counties may have a different form to use. The Clerk will give you a court date. You will fill out the Notice of Hearing with this new date. Then file both the Motion for Summary Judgment and the Notice of Hearing and send a copy to your soon-to-be ex spouse.

4. Your Court Date

On your Court date, appear with three copies of the Judgment Granting Absolute Divorce. The judge will call your case. You will need to alert the Court that you are seeking an absolute divorce and there are no outstanding issues to be resolved. The Court will call you to the witness stand and begin to question you concerning your request. You will be asked questions confirming the names of the parties, residence of the parties, date of marriage, date of separation, whether you want to change your name, and whether there are any outstanding issues of custody, property division, or support.

Once this is finished, the Court will ask you for the Judgment forms. After handing up the judgment forms to the judge, he/she will sign them and give them to the Clerk. You will be asked to fill out a short form for the state's Vital Records Department and then the Court will give you back two signed, verified, divorce Orders. You should then keep one copy for your records and send the other to your ex-spouse. Then congratulate yourself on a job well done!

5. Why use an attorney?

The divorce process is a simple one where there are no issues of property division, custody, or support. As you can see, anyone can do it on their own and save the trouble of paying for an attorney. If, however, you would want to save the aggravation of dealing with the Court System, your attorney can do everything for you and you will never have to go to Court.

Contact DeWitt Law for assistance with your simple divorce.