Absolute Divorce


#1

Me and my STBX have been separated for over a year. In the beginning she filed for divorce from bed and board and we are in the process of going to court and settling all the other things (i.e. ED, Custody). I would like to obtain an absolute divorce and need to know how to go about doing that. Since we are already in the process, I didnt know if the paperwork I need to file goes under the current case or if it was a separate case. What is the paperwork called that I need to obtain (i.e. Motion for Divorce, Complaint, etc.) Is there an additional fee with filing? What is the average timeline from the time I file for absolute divorce until it is final?

Thanks-A-Million


#2

A new Complaint for divorce should be filed, creating a new file number. You will need to file a Complaint to initiate the process, and the fee is $167.00 to file. Typically a divorce can be obtained within 90 days of filing.

Many counties offer do-it-yourself packets for divorce which contain comprehensive instructions and all the necessary forms.


#3

I am ready to file for divorce but I dont know which county to do it in. After the separation my STBX lived in the marital home in Mecklenburg County and I moved to Gaston County and have lived there for the past year. I have recently been given possession of the marital home and have moved some of my belongings back there but still have my house in Gaston County. My license have my Gaston County address. Now it is time for the absolute divorce and I am unsure whether to put that I live in Gaston County and her in Mecklenburg County or do I put us both being in Mecklenburg County. The first beginning of the Complaint says that I have lived in the county/state for 6 months. If I put Mecklenburg County that wouldnt be true.

Thank you


#4

You may file in Mecklenburg county, in fact since the Defendant lives in Mecklenburg, venue is proper there, and not in Gaston. AS for the first line, you may change it to simply say that you are a citizen and resident of North Carolina and have been for 6 months. In the second line regarding the defendant, you may state that the Defendant has been residing in Mecklenburg for the past six months.