Deciding to end a marriage is among the most difficult choices a person can make. Beyond the emotions involved, the legal requirements can feel like a complex collection of forms and court rules. In North Carolina, we follow specific steps to ensure a case starts correctly.
If you are thinking about filing for divorce in the Tar Heel State, here is a look at how the process begins.
Confirming Residency Requirements
Before you file, you must make sure the North Carolina court system has the power to hear your case. One of the two spouses must have lived in North Carolina for at least six months immediately before the filing date. It does not matter which spouse meets this requirement, as long as one of you has established residency.
Identifying Your Grounds for Divorce
North Carolina is a no-fault divorce state. You do not need to prove your spouse did something wrong to get an absolute divorce. Instead, you must meet two main requirements:
- You and your spouse must have lived in separate residences for at least one consecutive year.
- At least one spouse must have intended for the separation to be permanent.
If you move back in together even for a short time, the one-year clock resets. While fault-based options like divorce from bed and board exist, they are actually a form of court-ordered legal separation rather than a final end to the marriage. Most people proceed with an absolute divorce based on the one-year separation.
Preparing the Initial Court Documents
To start the case, your attorney will draft a Complaint for Absolute Divorce. This document explains the facts of the marriage and asks the court for a final judgment.
In addition to the Complaint, you must file several other papers, such as:
- Civil Summons: This notifies your spouse that a lawsuit has been filed.
- Domestic Civil Action Cover Sheet: A summary form used by the clerk to categorize the case.
- Servicemembers Civil Relief Act Affidavit: A statement confirming whether or not your spouse is currently on active military duty.
It is vital to address claims for property division and alimony before the divorce is finalized. If these claims are not filed or settled before the judge signs the divorce judgment, you may lose the right to ask for them forever.
Filing with the Clerk of Superior Court
Once the paperwork is ready, it is filed with the Clerk of Superior Court in the county where either you or your spouse lives. You must pay a mandatory filing fee at this time. North Carolina has also moved toward electronic filing in many counties, allowing documents to be submitted through a digital portal.
Serving Your Spouse
After you have started the case by filing the Complaint, you must legally notify your spouse. This is known as service of process. You can do this in several ways:
- Acceptance of Service: If your spouse is willing to cooperate, they can sign a form stating they received the papers, which avoids the need for a formal server.
- Sheriff Service: You can pay a fee to have the sheriff in your spouse’s county hand-deliver the documents.
- Certified Mail: You can send the papers via certified mail with a return receipt requested.
Once served, your spouse has 30 days to file a response. If they do not respond within that time, the case may move forward toward a hearing.
Why the First Step Matters
The way you start a divorce defines how the rest of the case will go. Properly filing the Complaint and managing the service of process helps avoid delays and unnecessary friction.
While you are allowed to file for divorce on your own, the specific rules of North Carolina family law make having an experienced advocate in your corner a better choice. This is especially true when experiencing disagreements over child custody, child support, or how to split up marital assets. Brad H. Ferguson has more than 15 years of family law and criminal defense experience and can help you through this transition.
If you have questions about beginning the process in Hendersonville, contact Brad H. Ferguson at (828) 660-0670.
Legal Disclaimer: The information provided on this site does not constitute a lawyer-client relationship and is for general informational purposes only. Attorney Brad H. Ferguson has not been involved in any cases mentioned on this blog. Content provided does not constitute legal advice and may not represent the most up-to-date information. No reader of this site should act or refrain according to the information given without first seeking legal counsel in their jurisdiction. If you have a pressing legal matter that needs attention, please contact our office via phone to schedule a consultation at 828-452-1655.