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How can I file for a divorce in North Carolina?

On Behalf of | Mar 28, 2023 | Divorce

The divorce process can be confusing because it may vary from state to state. Initially, you might feel overwhelmed, but understanding how it works could help you navigate the process.

In North Carolina, you need to meet certain conditions to be eligible. Firstly, you must have lived separately for over a year. Also, you should have the intention to make your arrangements permanent. Additionally, you or your ex must live in North Carolina for at least six months before initiating the divorce.

If you meet these qualifications, you could file the following paperwork to kick off the process:

  • A complaint containing facts, supporting documents and requests
  • A civil summons
  • A filled-out domestic civil action cover sheet
  • An affidavit as needed according to the Servicemembers Civil Relief Act (SCRA) if the other party is in the military
  • Payment for filing unless you are doing so as an indigent, which requires a petition to proceed as an indigent

What happens after I file my documents?

After filing for divorce, you could take measures to serve them to your ex. You can either mail them or pay a sheriff to serve your papers. If you send them via mail, you need evidence that your ex received the documents.

Sometimes, the other party’s location might be unknown. In this circumstance, you could explore other options, such as publishing the details in the newspaper. However, you can only do this in specific situations.

Local laws can also come into play if the other party resides in a different state or country. You should check specific serving procedures, depending on where they live.