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Johnston County Divorce

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by danbrey » Wed Sep 22, 2010 8:24 am

I live in TX and my STBX lives in Johnston County, NC. I plan to file for divorce in Johnston County. We've been seperated for 2.5 years. All property and child support issues have been worked out so there is no complexed issues remaining. Does anybody know what the procedures are for filing in Johnston county? I'll be there tomorrow and would like to know what documents that I need to get from the clerks office. Since I live in TX I want to make sure that I get everything that I need on the first trip.

Thanks in advance for any help.
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by Erin Clarey » Wed Sep 22, 2010 8:47 am

Here is a guide:

Absolute Divorce- Step by Step

You will need to fill out the Complaint print it, and sign it. Then make 2 copies.

Sign the verification before a Notary Public and make 2 additional copies.

Next you will need to fill out a Summons (information on Plaintiff and Defendant) for the clerk to issue when you file the Complaint. You will need to print 3 copies of this form on YELLOW paper.

You will need to fill out one Domestic Civil Action Coversheet.

Take all of these documents to the clerk of civil district court in your county along with the filing fee.

The clerk will file the Complaint, Summons, and Verification. She/he will return two file stamped copies of each to you. You will keep one of each and send the others via certified mail to the Defendant.

Once this is done you will fill out an affidavit of service, have it notarized, attach a copy of the return receipt from the post office, make two copies and take to the clerk for filing. Keep one and mail (regular mail is fine) to the Defendant, keep the other.

If your spouse does not file any response in which any allegations in the Complaint are denied, you will then complete the Motion for Summary Judgment (three copies, to the clerk, mail one to the Defendant, keep the other).

Next you will ask the clerk for a hearing date, and fill in on the notice of hearing. You will again file three copies of this, (mail one to the Defendant, and keep the other that is returned to you).

Take the Judgment for divorce to the hearing and the judge will sign and enter it as an Order of the court. You will also need to obtain a certificate of divorce from the clerk to have filled in at the hearing. Only one of these is needed as it is for Vital Records.
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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