North Carolina Complaint for Absolute Divorce
About this form
The Complaint for Absolute Divorce is a legal form filed with the court to request a divorce and any other relief associated with it. This form is specifically used when there are children born of the marriage and all property and debt matters have been amicably resolved in a Separation and Property Settlement Agreement. The use of this form distinguishes itself from other divorce-related forms by incorporating agreed terms regarding child custody and shared responsibilities.
Key components of this form
- Details about the parties involved in the divorce.
- Summary of the Separation and Property Settlement Agreement.
- Provisions for the custody and support of children.
- Request for the right to resume a previous name.
- Signature fields for both parties.
State-specific compliance details
This form may vary based on state requirements. It is advisable to check local court regulations regarding the format and any additional information needed for filing the Complaint for Absolute Divorce in your specific state.
When to use this form
This form should be used when both parties agree on the terms of their divorce, including property division and child custody arrangements. It is appropriate in cases where the marriage has irretrievably broken down, and the couple seeks a simple way to finalize their divorce. If there are no disputes regarding these matters, this form provides a streamlined process for obtaining a divorce.
Who needs this form
- Couples with children who have mutually agreed to divorce.
- Individuals who have resolved all property and debt issues related to the marriage.
- People looking for a straightforward and uncontested divorce process.
Steps to complete this form
- Identify the parties involved and provide their contact information.
- Attach the Separation and Property Settlement Agreement as Exhibit A.
- Fill in details regarding child custody and support arrangements.
- Indicate any requests for name changes.
- Ensure both parties sign the document in the designated fields.
Is notarization required?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Avoid these common issues
- Failing to include all necessary exhibits required by the court.
- Overlooking the need for both parties' signatures.
- Not providing complete contact information for both parties.
- Forgetting to check local court rules for specific filing instructions.
Benefits of completing this form online
- Convenience of filling out the form at your own pace.
- Access to templates prepared by licensed attorneys for accuracy.
- Ability to save and edit the document as needed before finalizing.
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FAQ
The cost of filing an Absolute Divorce action in North Carolina is $75. You also need to factor in the costs of serving the other party and filing the other necessary documents with the court, as well as the additional cost associated if you are seeking a name change.
If you cannot afford the fees for filing your Complaint for Divorce, you can ask the Court to let you file for free. In order to make that request, you must file a Petition to Proceed as an Indigent. If approved, you will not have to pay the filing fee to the Clerk or service of process fee to the sheriff.
Average Cost of Divorce in North Carolina The filing fee for divorce in North Carolina is currently $225 (with an additional $10.00 for filing a Resumption of Maiden Name). However, this fee can be waived for indigent filers, through a Petition to Proceed as an Indigent.
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.
In North Carolina, absolute divorce signifies nothing more than the termination of the marriage bond that was created by your wedding ceremony and marriage certificate.Neither one of you is required to file for a divorce; but neither one of you can prevent the other party from seeking a divorce.
The entire process usually takes 90 days. Immediate filing for divorce is not a requirement in North Carolina, and you may want to remain married while being separated due to beneficial reasons such as social security and health insurance.