Where do I file for divorce?

In North Carolina, filing for divorce begins with filing a Summons and Complaint in the Clerk of Court’s office in the county where either you, or your spouse, have lived for at least the past six months. You can locate the nearest Clerk of Court’s office by searching for “Clerk of Court” and your county name. The Clerk of Court will provide you with the necessary documents and instructions for filing for divorce. Once your Summons and Complaint are filed, you will need to serve these papers to your spouse. This requires you to give your spouse a copy of the Summons and Complaint by either having the papers delivered to your spouse (in-hand or “personal” service), or by mailing the papers to them through the U.S. Postal Service. If you choose to mail the Summons and Complaint, you must also include the necessary forms for the Clerk of Court to prove that your spouse has been served properly. Once the Summons and Complaint have been served to your spouse, they have 30 days to respond to the papers. If they do not respond within that time period, the court may grant your divorce without their input. In summary, filing for divorce in North Carolina requires you to file a Summons and Complaint with the Clerk of Court in the county where you or your spouse have lived for at least the past six months; serve the papers to your spouse; and wait for them to respond or for the court to grant the divorce if no response is given.

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