I don't understand the next step

North Carolina Divorce Law Divorce and Separation Answers
1

Hi!! I filed for divorce in July. My husband was served in early August so I am getting ready to take the next step within the next couple of weeks. Here is my problem… I am looking at your NC divorce guide and I cannot tell HOW I get a hearing date. It just says to “fill in the date, county, etc of the time for your absolute divorce”. How do I know that? I know it’s Wake County and I read online that the courtroom is 5B. But how do I know the date/time? Do I not fill this out until I go to the courthouse to file it? They seem to frown upon filing out documents right there at the counter. Do they give me a date/time then? Can I call for a date/time?

Also- the Certificate of Service document can’t be filed if I haven’t mailed the papers yet but I cannot mail the papers without a date/time. It seems like both of these documents cannot be completed without a date and time but at the same time we are supposed to file them to get a date and time… So confusing!

Any advice would be greatly appreciated!! TIA!!

2

For Wake County, absolute divorces are done every Friday at 10:30am for parties without attorneys. You will need to file your Notice of Hearing (DOM-01), Notice of Divorce Hearing (DOM-23), as well as your certificate of service indicating you’ve served both documents on the other party. You should be able to fill out all the forms prior to arriving at the clerk’s office to file them. The certificate of service is filed at the same time as the notices of hearing however, the Wake County local forms include a certificate of service on each form.

You pick the date that you want to schedule the absolute divorce for. However, keep in mind that the notices of hearings must be served on your husband at least 5 days prior to the court date (or at least 10 days prior if done by motion for summary judgment).

For access to the Wake County forms referenced above, see the NC Courts website.