Process for Obtaining a Divorce in North Carolina
Step 1
Either you or your spouse must live in North Carolina for six months
prior to filing for divorce.
You must live in separate homes for at least one year prior to filing
for divorce.
Step 2
We will do a phone interview to get the information necessary to
file your divorce or you can submit part of the needed information
by visiting this link.
Gathering the necessary information from you generally takes 15
minutes. A third way to provide us information is you can print
this form at this link, complete it, and mail it in to our office.
Some of the information that is needed is your name, address, phone
numbers and Social Security numbers. The date you were married,
the date you began living apart, the name of the city and state
where you got married, the first name and age of any children you
had with your spouse.
If you receive Food Stamps, AFDC or SSI then you may not have to
pay court costs to file the divorce.
Step 3
We will prepare the necessary legal documents and mail them to
you for your signature and also a letter containing information.
Return the documents to us with the legal fee and court cost in
the self addressed envelope that we provide. You owe me nothing
if you do not use the documents.
Step 4
When we have received the documents from you, we will file the divorce
case with the Clerk of Court. A summons will be issued by the Clerk
and we will mail it or have the sheriff serve it and deliver
it to your spouse.
Step 5
When we determine that the summons was legally delivered to your
spouse we put the case on the court calendar for the judge to sign
the divorce judgment. Due to court rules, the judge will ordinarily
not sign the divorce judgment for fifty to sixty days from the date
of legal delivery of the summons.
Step 6
After the divorce has been signed by the Judge we will then mail
true copies of the Divorce Judgment with the court seal to both
of you.
To get
started, you can either complete this simple online form so
that we have some basic information about you or you can call our
office at 1-800-303-0960.
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