Checklist for obtaining an simple absolute divorce North Carolina:
1. Husband and/or wife must have been a resident of North Carolina for at least six months prior to filing for divorce.
2. Husband and wife must be legally married and the date of marriage and place of marriage must be stated in the divorce complaint.
3. Husband and wife must have been physically separated from one another for more than one year prior to filing the divorce complaint. Physical separation requires living in separate residences. Living in separate parts of the same house or on separate parts of the same property is not physical separation.
4. Husband-and-wife may not have resumed living together or otherwise resumed their marital relationship doing the one year physical separation.
5. If husband-and-wife have children together who have not reached the age of 18, the children’s names and ages must be listed in the complaint.
The information above must be included in the complaint for absolute divorce and filed in the county in which you want to file the divorce. A filing fee is required by every county. You will need to serve the other spouse at his or her residence or place of business by certified mail or sheriff with a copy of the Summons and the Complaint. The other spouse may also be served by signing a form wherein they accept service of the complaint. Once the other spouse has been served and more than 30 days has passed, the case must be calendared for the divorce trial according to the rules of the court in the County where the divorce was filed. For any other local requirements regarding filing and calendaring a divorce, contact the clerk’s office in the county where you are filing.
For assistance in obtaining a divorce in North Carolina, contact Carole Albright or T. Keith Black at Law Firm Carolinas.