Guide on Divorce Papers and Form
Since divorces can be contentious at times and involve a lot of moving elements, hiring an attorney is typical. It is advisable for someone attempting to obtain a divorce to be familiar with the necessary paperwork and documents, even though this can quickly become costly. You can save money by filling out and submitting the divorce paperwork on your own to the court.
The most important divorce documents and forms required to end your marriage are covered in this blog post, along with instructions on how to file them.
How to Obtain Divorce Documents
Although again, state laws may vary, all municipal courts in North Carolina utilize the same set of divorce documents. In North Carolina and many other states, the majority of divorces will need the following paperwork.
1. Request for Dissolution
In the initial phase of the divorce procedure, basic details concerning the marriage and a declaration of the desired court orders are requested. Any county where at least one spouse satisfies the residency requirements is acceptable for the filing of a Petition for Dissolution. A petitioner can find out where they are eligible to file by using the Divorce Finder function offered by the courts. They can then determine precisely which courtroom locations are accessible in their area by using the Find My Court application.
2. Calls to Summon
The petitioner needs to complete a Summons unless both spouses submit a Joint Petition for Summary Dissolution. This must be submitted with the petition and served to the other spouse, who is referred to as the respondent, informing them of the divorce case and giving them a 30-day window in which to make a response. Typically, this procedure also includes a Proof of Service of Summons form. Additionally, the North Carolina courts provide guidelines for serving dissolution documents.
3. Statement of Disclosure
Marital assets and obligations are listed on a Declaration of Disclosure form. A preliminary disclosure, which includes a list of assets and obligations as well as details on income and expenses, is initially required by the court. These are submitted and served either in conjunction with the dissolution petition or after it. Using the same form, a final disclosure made later in the divorce process calls for additional information, such as whether the property is community (marital) or separate. 45 days before a judgment or trial date, a final disclosure is needed, unless both spouses agree to waive it.
Additional Divorce Records
The petitioner is required to file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act form if there are small children involved in the divorce. In order to handle issues like child custody, sole ownership of the marital home, and spousal support while the divorce is still pending, they may also ask the court for a temporary order.
Completing Divorce Documents
Usually, the family court requires three forms to be filed in order to begin a divorce. A Family Court Cover Sheet, a Divorce Complaint, and a Summons are among the forms. Fill out every field as completely as you can. We describe each form’s purpose and characteristics below.
The majority of courts mandate that you fill out paperwork online, print them out, and submit them digitally using black ink. Every document you submit to the court will have a date stamp indicating the exact time and date of submission.
1. Cover Sheet for Family Court
The first form you will fill out is the Family Court Cover Sheet. It provides a summary of your family’s medical history. Both your spouse’s name and contact details as well as yours will be included. Any joint offspring between you and your spouse are also listed on the cover sheet. You are the Petitioner or Plaintiff in this form and all future ones, and your spouse is the Respondent or Defendant.
Additionally, this form asks if you’re looking for a legal separation, a simple divorce (which is an option in some states), or a divorce.
2. The Summon
You personally serve your spouse with the divorce documents via a summons. With the help of this form, you can formally notify your spouse that you are divorcing them and provide them with a copy of the Complaint and Cover Sheet.
It matters when your spouse gets served, and it ought to be done legally. The date is crucial because your spouse will have a limited number of days, sometimes 21 to 30, to react to the complaint and make their own case for what they want out of the divorce.
Response Sheet: Addressing Divorce Documents
The divorce papers may be contested by the respondent. You, the respondent, fill out the Response Form, also known as an Answer to Divorce, stating your agreement and disagreement with the petitioner’s allegations. You argue that the petitioner shouldn’t receive all of the requests made in the complaint and that you are entitled to something different.
Usually, 21 to 30 days after being served, the Response Form needs to be filled out and submitted to the court clerk.
- Domestic Violence Protective Order Form
- Domestic Civil Action Cover Sheet – N.C. Administrative Office of the Courts (Form AOC-CV-750)
- Civil Summons – Domestic Violence – N.C. Administrative Office of the Courts (Form AOC-CV-317)
- Complaint and Motion for Domestic Violence Protective Order – N.C. Administrative Office of the Courts (Form AOC-CV-303)
Frequently Asked Questions About Divorce Papers and Form</h2>
1. How should a divorce be filed in North Carolina?
You need to live apart for a full year in North Carolina before filing. Fill up a divorce complaint form, submit it to the court, and include the required filing fee.
2. What is the North Carolina residence requirement for filing for divorce?
Before a divorce is filed, one or both spouses must have resided in North Carolina for at least six months.
3. Is a lawyer required in North Carolina when divorcing?
Although it’s not necessary, it’s a good idea to speak with a lawyer to make sure your rights are upheld, particularly if there are a lot of complicated issues in the divorce.
4. In a divorce in North Carolina, how is property divided?
Following equitable distribution, marital property is distributed equitably in North Carolina, though not always evenly. Debts, income, and contributions are among the factors taken into account.
5. How long does it take to get a divorce in North Carolina?
Before pursuing a divorce, a year of separation is required.
6. In North Carolina, may I file for divorce without my spouse’s approval?
If you’ve been living apart for a year, you can still file for divorce even if your husband disagrees.