How do I file for a divorce?

Filing for a divorce in North Carolina is a multi-step process. First, the individual filing for the divorce (the plaintiff) must complete the Complaint for Absolute Divorce form. This form requires basic information such as the names and addresses of the plaintiff and the defendant, the date of marriage, and the grounds for the divorce. The plaintiff should provide as much information as possible to ensure the case is handled smoothly. The next step is to file the Complaint form with the Clerk of Court in the county in which the plaintiff resides. The plaintiff will need to pay a filing fee at this time. Once the Complaint has been filed, it must be served upon the defendant via either the sheriff’s office or a private process server. The defendant has 30 days from the date they were served to respond to the Complaint. If the defendant does not respond, the plaintiff may file a motion for default with the court. This will allow the plaintiff to proceed with the divorce without the defendant’s cooperation or participation. If the defendant files an answer to the Complaint, the case will proceed to litigation, a process in which each side presents evidence in support of their positions. The court will then make a ruling based on the facts presented. Depending on the circumstances, a settlement agreement between the parties may be issued or a trial may be held. Once the divorce has been finalized, the court will issue a final judgment of divorce. This document will dissolve the marriage and any orders concerning the division of property and other matters will be included in the final judgment as well.

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