Am I a North Carolina Resident?

I have been living overseas in Germany since 27 FEB 2006. My last residence was in Fayetteville, NC. I went to college, worked, lived, & had a driver’s license in North Carolina.

What brought me to Germany was of course the USAF, however; my husband has since retired and now works as a DoD Civilian. As do I.

Now, we would like to dissolve our marriage, amicably. We have one daughter, of whom we agreed will live with dad. We agree to all other marital items under our separation agreement.

Am I able to file a divorce in North Carolina?

Yes, you may as your deployment/current job assignment does not change your residency.

Great! How might I begin the divorce process? I need to finalize before October. Is this possible? My husband and I have a separation agreement that we’d like to roll over into a divorce. Please advise, as I need this to happen ASAP.

Below is an overview of the divorce process. You may want to consider joining or DIY service so that you will have access to all the necessary forms, and can ask an attorney questions along the way. A link to the service is contained on the side bar of the forum.

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 of $167.00.

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.

An absolute divorce? I was under the impression that an absolute divorce would not apply to me, because of the child involved.


I would prefer to hire a lawyer to initiate the absolute divorce. Your firm seems seasoned and would moreso benefit me to utilize your services. Where do I begin?

An absolute divorce is the legal term for the action taken to dissolve a marriage, this is the case whether a child is involved or not.

We would be happy to take on the work to complete your divorce. To get started please contact our client liaison, Ashley Wood by dialing 919.787.6668 and selecting extension 100.