Hello! I am looking for advise on how to file for the absolute divorce. Maybe not so much advise, but verification on what documents re needed, how to file and what to expect given my situation. This divorce is amicable. Both my ex and I are willing and able to file in the court. We have been separated over 1 year and have a separation agreement. We have 2 minor children in which we agree to continued split custody, switching every Friday. We have no assets to split. No property. He has his car and I have mine. No child support. No alimony. We simply want to be divorced within the court. I would also like to revert to my Maiden name. I have filled out the following forms – Verification, Domestic Civil Cover Sheet & Divorce Complaint. I did not see a reason to fill out the Civil Summons as I have no reason to serve my ex. He is willing to come to the court and file together. I look forward to your response.
Those documents are correct, but you must file the Civil Summons and your husband must still be served. In your case, service on your husband can be by your husband signing an Acceptance of Service and filing it at the clerk’s office which would be in lieu of service by certified mail or sheriff’s deputy.
Make sure in your complaint you make a request to resume your maiden name and that you state what your full maiden name is.
Be sure to check out our Do It Yourself Divorce Guide which includes step-by-step instructions, which forms/documents to file, instructions on how to draft the necessary documents, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Hello Anna,
Would you be willing to verify the documents I have, and that I have filled them out correct? I have talked to Steve and he understands the need of being served. To verify, this can be done through certified mail, correct?
Thank you,
Dani
Be sure to follow each of the steps and the templates in the Do It Yourself Divorce Guide. To file for an absolute divorce, you will to file the following documents: (1) Civil Summons, (2) Complaint for Absolute Divorce which is properly verified (i.e. signed in front of a notary), and (3) Domestic Civil Action Cover Sheet.
You will also need to pay the clerk’s office $225 to file the Complaint, and you will need to pay an additional $10 if you are requesting to resume your maiden name through the divorce.
Yes, you can serve your husband through certified mail, and you will need to file an affidavit of service after he has been served which proves he has been served and proves that he signed for it.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.