Washington State Forms 17 For Divorce In North Carolina
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FAQ
The parties involved cannot formally serve divorce papers because they clearly have an interest in the outcome of the litigation, and hence are not to be trusted with a procedural pre-requisite such as service. Also, in a lot of states, only law enforcement or licensed process servers can serve documents.
What if my spouse doesn't live in North Carolina? You can get a “simple” absolute divorce in North Carolina no matter where your spouse lives, as long as you live in North Carolina at the time you file for divorce and have lived in North Carolina for the six months immediately before filing.
Can I serve divorce papers myself? No. Only a non-party to the case who is over the age of 18 can serve divorce papers under Washington law.
If your spouse does not respond, it will not stall the divorce process, and it might actually help your divorce move through the legal system quickly. At that point, a motion for an Order of Default can be filed, allowing you to complete the divorce without your spouse.
Steps to Getting Divorced in North Carolina Separate Before Filing for Divorce. To be eligible for a legal divorce in North Carolina, a married couple must first live apart for one year. Complete and submit a divorce complaint. Serve the complaint. Waiting period. Request the hearing. Negotiate a Divorce Settlement.
Service of summons and process, except when service is by publication, shall be by the sheriff of the county wherein the service is made, or by the sheriff's deputy, or by any person over 18 years of age who is competent to be a witness in the action, other than a party.
Someone age 18 or older besides you must hand deliver the papers to the other party, or to someone old enough living at their home. The person who delivers the papers is your "server." You do not need court permission for personal service.
Some people believe that by filing first, they'll have a “leg up” on their former spouse. This isn't true. For most couples, it does not matter who files for divorce first. Like everything, however, there are exceptions to this rule.
NC is a no fault state to obtain a divorce but you have to wait a year and a day to file for an absolute divorce. There are no exceptions. It may not hurt to have a separation agreement in place until then though. I suggest you consult with an attorney in your county to see what is best for your specific situation.
