Divorce

 
NOTE: The information contained on this site is for educational purposes and are designed to help you in representing yourself. Please carefully review the directions and resources available to improve your performance in your case. Failure to read and follow the instructions may adversely impact your case. If you have any questions, please consult with an attorney.

I-CAN! Legal

Go to I-CAN! Legal for help preparing your court forms using an online questionnaire that is easy to understand and answer. I-CAN! also provides instructions for how to file the forms and proceed with the case.


WHAT IS ABSOLUTE DIVORCE?

Absolute is a complete divorce that allows the parties to marry again after their divorce has become final. State law REQUIRES that the parties be separated for one year prior to filing for divorce. An Absolute Divorce begins when a document called a Complaint is filed. The laws (or statutes) that control divorce proceedings in North Carolina are found in Chapter 50 of the North Carolina General Statutes. You should review these laws before proceeding with your case. The information can be found in the SelfServe Center, on the state’s web site, or at the local law library which is located at 201 South College Street, Charlotte, NC 28244. Public patrons are allowed access to the Law Library one day per week, Monday-Friday, 9am-5pm.


CAN OR SHOULD I FILE FOR AN ABSOLUTE DIVORCE?

Please note that the SelfServe Center staff CANNOT provide legal advice.  Therefore, we cannot tell you if you should file or what you should file, but we can tell you that you must meet certain criteria to be eligible.   The Plaintiff is the person beginning the divorce proceedings against the Defendant, who is the spouse (husband/wife) of the Plaintiff.  The Plaintiff may file a Complaint for divorce in North Carolina IF the Plaintiff or his/her spouse has been a resident of North Carolina for at least 6 months prior to the filing.  The couple also must have lived continuously separate and apart for at least one year before the divorce can be filed.


IMPORTANT REMINDERS BEFORE YOU BEGIN?

Your case involves complicated legal issues! Note that your divorce will also terminate your rights to any equitable distribution of marital property and to post-separation support and/or alimony UNLESS such claims have already been determined or have been properly filed prior to the entry of the divorce judgment.
 
This packet describes the general process, but it is impossible to cover everything that may affect your rights.  If you get confused during the process, you should stop and get advice from an attorney.  Judges, Clerk of Court, SelfServe Center staff or the Trial Court Administrator’s Office CANNOT give you legal advice.
 

CERTIFICATE OF ABSOLUTE DIVORCE

This form is required by the state. Your divorce order will not be given to you until you file the original and one copy of this form. Please file this original and one copy in the Clerk’s Office when you file your Complaint for Divorce.
 
NOTE: If this form is NOT filled out, or is NOT filled out accurately and completely, the judge will NOT sign your divorce.
 
NOTE: Only use black ink on this form.


JUDGEMENT OF DIVORCE

Please review this form.  This form is for the Judge to use to make his/her final order in your case.  You should insert the names of the parties and the case number and complete numbers three, six and complete number seven only if you are resuming a maiden name.
 
Please have this document added to your court file prior to getting your court date. 


FILING PROCESS

Filing Process
For step-by-step instructions, go to Divorce Filing Process