Do-it-Yourself Divorce

North Carolina Divorce Law Divorce and Separation Answers
1

The verification and the complaint should be stapled together as one document.

There should be one white summons and three yellow summons.

Once the Affidavit of service is completed you need to send the original to the courthouse to be put in the file. You will clock it in using the clock in the clerk’s office. You may want to check with the clerk about where to put the clocked in copy as every county has different rules.

You do not serve the complaint until it has been filed. You would take the Complaint with attached verification and all copies and the Summons to the courthouse and file the action. Then you serve it.

  1. Take the Summons, Complaint and Verification, and the filing fee to the courthouse. (see additional details above)
  2. File the action.
  3. Serve it on your spouse.
  4. Take the green card you receive back from the post office, create a notarized certificate of service, file that in the clerks office. (see additional details above)
  5. Get a Calendar Request and set your hearing at the clerks office.
  6. Serve a copy of the Notice of hearing and calendar request on your spouse.
  7. Take three copies of the Judgment to the courthouse on your hearing date.

I would also recommend that you file stamp and keep duplicate copies of everything you file in the event you need it at court.

If you are doing the divorce pro se it is mandatory you serve her via sheriff, certified mail, or publication. There are shortcuts you can take when attorney’s are involved, but they generally don’t work when you are representing yourself.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

I read in the Courts ‘Divorce Package’ - that the Summary Judgement should ahve mos tof the items in the body left blank for the judge to fill out. Would you agree with this, or would it be beneficial to copy the key points of your compaint into the body of the Summary Judgement (so that the Judge does not have to write it in)?

3

Thank you very much Helena, you have been VERY helpful.

4

After my wife receives the copy of the Complaint/Summons, and I get back the green card and file that with the affidavit at the courthouse - she has 30 days to respond. SHOULD she respond, to confirm it? Or does she only respond if she’s contesting it? If she did file a response at the courthouse, to confirm it, would that reduce the 31 day wait before I can appear in front of the judge?

5

She does not have to respond. She can respond if she wishes. If she does not contest any of the issues then it will not have an impact on the the time frame. Even if she does respond you will have to wait the 31 days.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

6

I picked up the “Divorce Kit” at the courthouse. Its just a bunch of poorly photocopied sample forms stapled together, and a cover sheet with unclear steps.

But I found another set of do-it-yourself instructions from this site (www.rosen.com, Thanks!). I retyped all the necessary forms from the kit, now I just have to make sure I submit these properly…

  1. Complaint - One original signed form, two copies
  2. Verification - One original signed and notarized form, two copies
  3. Civil Summons - Three copies
  4. Service by Certified Mail - I send a copy of the Complaint and Civil Summons to my wife using certified mail. I’ll get back a receipt.
  5. Affidavit of Service by Certified Mail - I staple the receipt to this form, sign it and have it notarized
  6. Judgment - Three copies
  7. I give the original Complaint, Verification, Summons, Judgment, Affidavit of Service by Certified Mail to Clerk’s Office
  8. I pay a filing fee
  9. I’ll get a Calendar Request and set my hearing at the Clerk’s Office
  10. I’ll bring the Judgment and Divorce Certificate (given to me when I file) to the hearing

Are these steps correct?

Is it mandatory that I send the complaint/summons by mail? Could we not just meet a notary and both sign a document that she accepts the complaint?

I read on this site that the “defendant” has 30 days after served the complaint/summons to file a response. But she can file a paper waiving the waiting period. Is there a form for this? How does she file this?

-thanks