Drowning in a sea of legal questions

North Carolina Divorce Law Divorce and Separation Answers
1

hello,
I’m trying to preform my own uncontested divorce in Brunswick County. I have no real way of paying a lawyer to do it. My ex and I have been living apart since 2003, any debts that where gathered during the marriage have since been paid off, no children where born of the marriage and there was no real property. My ex and I are on speaking terms and can get through a uncontested divorce.
my question seems to be, what do i do first?
do i file a divorce complaint and motion for summary judgment? or just a complaint? (whats the difference?)

do i set a court date first THEN i can fill in the date for the divorce judgement paper?

what i have is a pile of papers (that are out of order) some forms, and spotty instructions that look like they were copied out of a “do it yourself divorce” book.

so i guess my real question is, what do i do first? my ex will cooperate, we have nothing to split up…im just lost in a sea of legal confusion with only bits and pieces of information at my disposal. I guess what im looking for is a list of forms that need to be filed and when to have them filed.

any help would be - helpful! :slight_smile:

2

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.