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To file for a divorce in North Carolina, either you or your spouse must currently live in North Carolina and must have lived in the state for at least six months before the divorce case is filed. Does my spouse have to agree to the divorce? No. As long as you are eligible for a divorce, your spouse does not have to agree to the divorce.
If you want these rights, you need to talk to a lawyer. This packet is not for you! If you get a divorce before you settle these matters, you may lose your rights! You can find the name of an attorney by consulting your local telephone directory or the North Carolina Lawyer Referral Service at 1-800-662-7660.
HOW MUCH DOES IT COST TO GET AN ABSOLUTE DIVORCE? The fee for filing a case for divorce is currently $225.00. You will also need either $30.00 to have the Sheriff serve the Defendant, or $7.00 to serve the Defendant by certified mail. If you are including a claim for “Resumption of Maiden Name,” there may be an additional $10.00 fee.
You can find more information about filing for divorce and necessary forms here. You can watch one of Legal Aid of North Carolina’s clinics, designed to help people file for divorce on their own. eCourts Guide & File is available to help users prepare court documents online to file for Absolute Divorce.
North Carolina Divorce Packet. This packet provides information, steps, and forms for getting an absolute divorce. Separation and Divorce. Ways and requirements to end your marriage or domestic partnership, including separation, divorce, property, alimony and enforcement.
Pro Se Absolute Divorce Packet Instructions Absolute Divorce Forms (Print all of the following forms) Complaint for Absolute Divorce; Civil Summons (AOC-CV-100) Servicemembers Civil Relief Act Affidavit (AOC-G-250) Domestic Civil Action Cover Sheet (AOC-CV-750) Affidavit of Judicial Assignment & Notice of Hearing (DUR-DOM-01)
HOW MUCH DOES IT COST TO GET AN ABSOLUTE DIVORCE? The fee for filing a case for divorce is currently $225.00. You will also need either $30.00 to have the Sheriff serve the Defendant, or $7.00 to serve the Defendant by certified mail. If you are including a claim for “Resumption of Maiden Name,” there may be an additional $10.00 fee.
Without a custody order, the rights of non-parents are much more limited, and the parents generally have the right to custody of the child. What happens when the child turns 18? At age 18, your child is legally an adult, and the courts no longer have the authority to order custody or visitation.
Absolute Divorce: Often referred to as a "simple divorce" or "no-fault" divorce, a type of divorce in N.C. that allows the parties to end the marriage and terminate property rights. Parties can enter into another marriage after the divorce is final. There are legal requirements that must be satisfied before filing for absolute divorce.
The information provided in these packets is designed to assist individuals who are not represented by an attorney ("pro se") to file or make motions in a domestic action and to represent themselves in a hearing before a Family Court Judge.