Complaint for Absolute Divorce—NC Form Dissected
Getting divorced is often a stressful process, but you can reduce the stress if you and your spouse opt for the quickest and most affordable divorce type—the absolute and uncontested divorce.
How do you file the Complaint for Absolute Divorce NC form? We’ll help you understand everything about this essential document and explain other crucial points about the divorce process, including the easiest way to create a divorce settlement agreement.
An absolute divorce refers to the simple, uncontested divorce in North Carolina. Since NC is a no-fault state, the petitioner does not need to provide a reason for the breakdown of the marriage. You only need to state that you and your spouse cannot live together due to irreconcilable differences.
If you want to get an absolute divorce in NC, you and your spouse need to live:
- Apart for at least 12 months
- In North Carolina for at least six months before filing for divorce
Getting an absolute divorce means that you and your spouse agree on the divorce terms and will come up with a settlement agreement yourselves or with the help of a mediator. In most cases, you won’t even need to hire a lawyer. To successfully file for an absolute divorce, you and your spouse agree that:
- You do not want any spousal support
- You do not want the court to divide your property and assets
If you and your spouse have decided to file for an absolute divorce in North Carolina, here are the steps you should follow:
- Fill out the court forms
- File them with the District Court’s office
- Pay the divorce filing fee or check if you qualify for a fee waiver
- Serve the divorce papers to your spouse via a third person
- Set a court date after 30 days
- Create and finalize the divorce settlement agreement
- Visit the court for the final hearing
The entire process usually takes up to 90 days. If the spouses agree on key issues, they can get a divorce in less than 40 days.
Here is the key information that appears in the absolute divorce complaint form in NC:
- Your and your spouse’s names and counties of residence
- Confirmation that at least one spouse has been a resident of NC for at least six months
- Date and duration of marriage
- Date of separation
- Children’s names and dates of birth (if applicable)
- Confirmation that the spouses have agreed to all divorce-related matters
- Date of complaint form
- Petitioner’s name, address, and signature
- Signature of a notary public
You can get this form as a part of the standard North Carolina Divorce Packet on the NC Courts website.
To file for an absolute divorce without a lawyer, here are some other forms that you need to fill out besides the Complaint for Absolute Divorce:
- 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
Another important document for absolute divorces in NC is the divorce settlement agreement that proves you and your spouse have settled all the issues and plan to proceed with a friendly divorce. Want to know how to create this agreement? DoNotPay can help you out!
Nobody wants to complicate their divorce process more than necessary, but DoNotPay makes it even more stress-free. We can draft a divorce settlement agreement that will be valid in court and grant you an uncontested divorce.
All you need to do is follow these instructions:
- Sign up for DoNotPay in your web browser
- Select the Divorce Settlement Agreement tool
- Provide our chatbot with details about your spouse and children, if any
- Enter information about your income and assets
We will take it from there. Our AI-powered app will generate a legal document that is customized according to your requirements. NC law states that you need to get your document notarized to confirm you and your spouse have signed it of your own free will.
If you don’t know where to find a notary in North Carolina, we can connect you with one online! You can schedule an appointment with a remote notary public and get your document notarized during a video call.
DoNotPay’s knowledge base provides helpful guides on various divorce-related questions, such as:
|General Topics||NC-Specific Articles|
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