If two people, in the state of NC, want a divorce and there are no disputes with property, alimony and child support and they have no cohabited, from the biblical sense in over 5 years how would one initiate the proceedings?
If you have lived in separate residences for at least one year you may file for divorce. Below is an outline of the process.
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.
In the same case above, does the civil summons have to be issued? If the spouse is willing to sign the papers without contesting anything, can the civil summons service be waived?
Also I have a DIY kit where a financial statement is included. Do either of us need to complete this since we have no children or property to dispute?
The summons is a jurisdictional document which must be issued by the clerk and served on the Defendant in every case.
Your county may require a financial statement for each divorce. You will need to ask the clerk in your county if the document is necessary in your case.