Order and timing of DIY Divorce

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Mattwilliwcu:

Greetings. First, the summons is filled out on the top by you with addresses and social security numbers. You take the summons forms (one copy on white paper and two copies on yellow paper) to the Clerk of Court with you. They fill out the bottom and file it with your complaint. They give you a copy to send to your spouse with the complaint.

So, here is some help for you on the forms and order of filing:

Draft complaint, summons, and coversheet. Take all these forms to the clerk (3 copies of it) with your fee for the divorce and they will give you the forms you need to mail to your spouse (in the order). Also, mail the waiver to your spouse at the same time.

Finally, I don’t understand your other question, so please clarify. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 am attempting a do it yourself divorce since the marriage lasted 8 months and there is really nothing to fight over. My question pertains to the order in which all the forms mentioned need to be turned in. From what I gather, all the forms in the DIY section must be completed (cover sheet, complaint, summons, and judgement) before filing for divorce. How do I have the civil summons completed at that time when I have’nt sent the summons by certified mail yet?

Another question I have concerns a waiver signed by the defendant that waives the 30 day waiting period and the need to send a civil summons, will this hold up in court?

I am confused mostly about the order of when to file certain papers and was wondering if any one can help me out.

Thanks,

Matt W.