What forms do i need for cabarrus county to file for divorce only. My wife and I have been separated for three years and have worked everything else and are only looking for the divorce decree.
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.
Is this statement sufficient for the motion for summary Judgment?
The Plaintiff moves that the Court grant Summary Judgment for the Plaintiff, for
an absolute divorce based on one year of separation and based on the sworn testimony contained in the verified Complaint. Notice is further given that the only issue that will be decided is whether or not to grant a final divorce based on one year of separation. The decision will be made by the Court based upon the information stated in the Complaint, and such other papers as the Court may wish to review. There will be no witness testimony.
Once the divorce is granted, the Plaintiff will mail a Certified copy of the Divorce Judgment to the Defendant.
This ____ day of _______________, _____.
(date) (month) (year)
You must include language that shows the court there are no issues of fact to be determined.