North Carolina Divorce Packet

Prepared by the North Carolina Equal Access to Justice Commission Please read the entire page before using this Divorce Packet. To access the Packet directly after reading, click here.

• You or your spouse have lived in North Carolina for at least the last 6 months
• You have been separated from your spouse for at least 12 months
• You are not interested in ever receiving alimony or spousal support
• You are not interested in ever having property or debts from the marriage divided between you and your spouse

Use these forms at your own risk! These are educational forms designed to help you, but you are representing yourself. Please review and follow the directions to help you present your case. Failure to read and follow the instructions may hurt your case.

This packet cannot help you with:

• Child custody
• Visitation
• Legal separation
• Child support
• Alimony
• Division of pensions, joint savings accounts, retirement plans
• Equitable distribution of marital property (dividing things that you and your spouse both own together such as vehicles, houses, bank accounts, insurance policies, home equity, and other personal property; and also dividing debts that you and your spouse owe)

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. If you cannot afford an attorney, you may be eligible for advice or assistance from Legal Aid of North Carolina at 1-866-219-5262.

No one except an attorney can advise you of your legal rights. No one at the Judicial Center, Clerk of Court’s office, or Judge’s office may give legal advice or tell you how to fill out these forms.

Steps for Getting an Absolute Divorce

Before beginning this process, read this complete packet and make sure you understand this process. If you have any questions or are not sure if this is the best route for your situation, talk to an attorney.

1. STEP ONE
   Complete the Court Forms
2. STEP TWO
   File Court Papers in the Clerk of Court's Office
3. STEP THREE
   Serve the Papers on the Defendant (your Spouse)
4. STEP FOUR
   Wait 30 days, then set date for Hearing
5. STEP FIVE
   Go to Court with prepared Judgment for Judge's review

Divorce Packet and Table of Contents

View and download the North Carolina Divorce Packet

• Things to Know Before You Begin
• Three Reasons to Consider Not Representing Yourself
• Steps for Getting an Absolute Divorce
• Tips for Presenting Your Case in Court
• Summary
• Requirements Checklist
• Glossary of Legal Terms
• Need More Information?
• Forms You Will Need (see below)
• Forms You Might Need (see below)

Forms You Will Need

Forms included in this section will be needed over the course of filing for an Absolute Divorce. Please remember to keep at least one copy of all the forms you file for your own records.

Forms included in this section:

• Complaint for Absolute Divorce
• Verification
• Domestic Civil Action Cover Sheet
• Civil Summons
• Servicemembers Civil Relief Act
• Notice of Hearing
• Judgment of Absolute Divorce
• Certificate of Service
• Certificate of Absolute Divorce or Annulment

Forms You Might Need

Forms included in this section might be needed over the course of filing for an Absolute Divorce. Please remember to keep at least one copy of all the forms you file for your own records.

Forms included in this section:

• Petition to Proceed as an Indigent
• Civil Affidavit of Indigency
• Affidavit of Service of Process by Registered or Certified Mail
• Acceptance of Service
• Waiver and Answer

Related Help Topics

Separation and Divorce

Ways and requirements to end your marriage or domestic partnership, including separation, divorce, property, alimony and enforcement.

Child Custody

Information about child custody, filing, court process, enforcement and more.

Child Support

Information about child support, filing, court process, enforcement and more.

Find an Attorney

Learn how to find an attorney to represent you and other resources for legal representation.