Do it Yourself Question

North Carolina Divorce Law Divorce and Separation Answers
1

I contacted the Clerk of Court in Guilford County and was told that they do not have a divorce kit or do-it-yourself packet, and that they would be unable to tell me what forms I will need and what procedures I would go through to file an uncontested divorce.

I have procured most of the necessary forms from your site, however, I am a bit confused about the procedure I will be following. I know that I will be filing a complaint, but do I file that with the court system before or after I do the “Service by Certified Mail” (and is the complain the only form that I will be having sent to my ex in this manner)?

Additionally, what other forms will I need to submit at the time that I file the complaint, and will I need to recontact the court after 30 days to set up a date and time for the divorce hearing?

I would gladly contact an attorney, however, I’ve absolutely no way to afford it. Any assistance would be appreciated.

Thanks!

2

You will need to file the complaint and have the clerk issue a civil summons at the time the complaint is filed. This document will need to be sent to your ex along with the filed complaint via certified mail. The summons and complaint are the only documents that will be submitted at the time of filing.
After your ex signs for the complaint you will need to create an affidavit (sworn statement signed by a notary public) which shows your spouse was served via certified mail and attach the mail receipt to the affidavit. You will then be able to get a date for your divorce hearing set.
At the hearing you will need to present the judge with 3 copies of a judgment of divorce which he or she will sign when the divorce is granted.