How do I file for divorce?
In North Carolina, filing for divorce is a multi-step process that begins with the filing of a civil complaint. The complaint requires the petitioner (the person filing for divorce) to state the grounds for the divorce, as well as any other necessary information. The complaint must be filed in the county where either the petitioner or the respondent (the person being divorced) resides. After filing the complaint, the petitioner must serve the divorce papers to the respondent. This may be done through a process server, or a sheriff or constable. The respondent then has 30 days to respond or deny the complaint. If the respondent does not respond, the petitioner can file for a default judgment. Once the court has a response from the respondent, the petitioner can file for an uncontested divorce. This means that the parties agree on all terms of the divorce and do not need to appear in court. If the parties cannot agree on all matters, the petitioner may file for a divorce trial. This will require the parties to appear in court and present their case before a judge. The judge will then make a decision regarding custodial issues, alimony, and division of assets. Once all matters are settled, the court issues a divorce decree, which becomes the official document governing the divorce. The petitioner may then record the decree in the county clerk’s office, which legally terminates the marriage. This is the final step in the divorce process in North Carolina.
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