Mecklenburg, where are the forms?


#1

Hi, i read the SelfService pdf describing how to proceed with my divorce in mecklenburg county, DIY style. The lengthy pdf contained all forms except “Certificate of Absolute Divorce”. They want me to drive downtown and physically pick it up. Is there no way to download all the right forms? Also the forms actually included are not “official” looking, with a very unprofessional looking footer:

© 1999 SelfServe Center
G:\docs\common\FORMS\PROSE\DIVORCE\divdir2002.doc

These are nothing like the official looking summons: http://www.nccourts.org/forms/Documents/204.pdf

2nd part of my question is, i notarized a separation agreement with my ex a year ago, is it even needed in Absolute divorce? I did not see any instructions asking me to prove that i had been separate for 12 months and 1 day, or which property goes to which individual. Every property is currently in their rightful owner: house under only a single person’s name (separate), cars are too in singular owner.

3, i would like to serve my ex via the sheriff. Does that mean i have to bring a set of defendant-addressed and stamped envelopes? Do i need any self-addressed/stamped envelopes to file?

4, when the sheriff serves, does he deliver the summons, complaint, acceptance, waver, and verification form? or is up to my ex to obtain them?


#2

The certificate of absolute divorce is not available on-line. It is a smaller document, on special paper, as it will remain in vital records permanently.

The footer at the bottom of the forms is of no consequence, though if you wish, you can re-type all the forms yourself in order to have more “clean looking” documents.

You need not include your SA in the divorce, it remains a valid and binding contract even after divorce.

The proof that you have been separated for 366 days is your sworn statement in the Complaint.

You do not need any envelopes. The sheriff will serve the Defendant the Summons and Complaint based on the Defendant’s address as listed on the Summons.


#3

Thanks Erin!

I went to the Selfservice office today and to my surprise it wasn’t DMV atmosphere as i expected. Maybe they really feel sorry for us, divorcing :stuck_out_tongue:

They gave me a packet with clear and legible instruction, except for one point. If both parties agree to divorce can we go in and file the paper work literally one after the other? Instructions say we can’t file in reverse order, but will they be able to tell a difference in filing time that is a matter of minutes? Just want to make sure i don’t need to wait extra day. And so this bypasses the need to serve? The doc unfortunately glossed over that part.

Fantastic forum, btw.


#4

No, the Defendant would not file a Complaint, but rather an Acceptance of Service / Waiver of Time that joins in the prayer for relief. This document, if filed by the defendant will eliminate the need for service by certified mail and or sheriff, and will allow you to by-pass the 30 waiting period indented to allow for a response from the defendant.

The document would state the following (and should have the case caption at the top).

NOW COMES Defendant, answering the Plaintiff’s earlier filed Complaint and says:

  1. That he received the Summons and Complaint, has read the Complaint and the allegations contained therein are true.

  2. That he waives any defect in service of process, all further notice of any hearing or action, his right to be present and heard and consents to this matter being brought before the Court at the convenience of Plaintiff in any manner allowed by law, and joins in the prayer for relief set out in the Complaint for entry of divorce.
    WHEREFORE, Defendant respectfully requests the Court to grant the following relief:

  3. That the Court dissolves the bonds of matrimony existing between the Plaintiff and the Defendant.

  4. That the Defendant’s time to answer Plaintiff’s Complaint and Defendant’s right to a minimum Notice of Hearing be waived, and

  5. For such other and further relief as to the Court seems just and proper.
    This is the _____ day of June, 2010.

                                                                   ______________________________
    				      John Doe
    

    Defendant
    123 Main Street
    Anytown, NC 12345

STATE OF NORTH CAROLINA
MECKLENBURG COUNTY

I certify that John Doe personally appeared before me this day, and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.

Date: ____________________ ¬¬¬¬ __________________________________

___________________________, Notary Public
(Notary’s printed name)

                                                             My Commission Expires: _________________

#5

Hi Erin,
I didn’t realize i could do this…and you gave me the form for free!! Big thank you!!!


#6

You are welcome!


#7

Hi Erin,
quick questions for you. With this waver that my ex will sign, do i still need to file summons. And will my ex need to file “Defender’s Acceptance of Service And General Appearance”, and “Defendant’s Answer To Divorce Complaint and Waiver”?


#8

You must file the summons and deliver to the defendant a copy of it with the filed complaint. The defendant can then file an acceptance of service, and answer and waiver.