Whether the other spouse agrees to a divorce or not, you may file for a contested divorce and eventually receive a divorce based on the grounds that you've been separated from your spouse for one full year. Contested divorce begins when one spouse files a Divorce Complaint for Absolute Divorce.
The laws in some states use different terms—including "dissolution of marriage" and "absolute divorce"—to mean basically the same thing as plain old divorce: a legal proceeding that will permanently end a marriage, along with all of the rights and privileges that come with marriage.
Steps for Getting an Absolute Divorce Complete the Court Forms. File Court Papers in the Clerk of Court's Office. Serve the Papers on the Defendant (your Spouse) Wait 30 days, then set date for Hearing. Go to Court with prepared Judgment for Judge's review.
North Carolina requires 2 main things for ``absolute divorce'': 1) The intention to live separate and apart and 2) living separate and apart for 366 days. You should, but do not HAVE to have a written agreement in order to be separated, and you can reach that agreement before the divorce is finalized.
Complaint: Because divorce is a type of lawsuit, you must file a complaint at your County Clerk's office detailing who is seeking the divorce and asking for a judge to grant you a divorce. Verification: A document signed and notarized that verifies the complaint is legitimate.
You can absolutely do a pro se divorce and you don't need any lawyers if you're both reasonable and amicable people. Put whatever you like in writing if you want, but there's no requirement in NC to file any separation or custody agreements.
A divorce or legal separation case begins when the plaintiff the party who starts the court case files a formal complaint at the courthouse. The defendant, the other party, may answer within 28 days. If an answer is filed, the case is contested. If the defendant does not file an answer, the case is uncontested.
Forms to file for divorce may be obtained from the SelfServe Center, located on the third floor of the Mecklenburg County Courthouse. Yes, your divorce forms are not complete until you fill-in all the blanks requesting information.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
For divorce records from the year 1970 or later , please contact the Mecklenburg County Clerk of Court (704-686-0400).