Free Do-it-Yourself Divorce in North Carolina

Residents of North Carolina can file a do-it-yourself divorce if they have been separated for over a year.

If you have been a resident of North Carolina for the last six months and have been separated from your spouse for at least a year, you can file a do-it-yourself divorce without a lawyer. Doing your own divorce can save you money but can also cause you financial loss if you are not qualified to follow the divorce process by yourself. For instance, once you receive an absolute divorce, you permanently waive the right of requesting a court to divide your property or assign alimony and could miss out on assets that are rightfully yours. If you do not understand how to manage the financial side of your divorce, consider hiring an attorney.

Things You'll Need

• Divorce forms

Instructions

1. Visit your county's clerk of the court and ask about any special requirements or rules in your area. Divorce procedures change slightly from one county to another. Consult a directory of North Carolina's Clerks of the Court (see resources) to find out the contact details of your closest courthouse.

2. Download (see resources), fill in and sign a divorce complaint form. There are two types of complaint forms to choose from: the without-children form and the with-children form. Choose the form that applies to your situation. Make two copies of the signed document.

3. Download, fill in and sign before a notary public a divorce verification form (see resources). Note that the clerk of the court cannot act as a notary for you. Make two copies of the signed verification and staple them to the back of the divorce complaint document.

4. Fill in a North Carolina civil summons (see resources). You should end up with an original copy and two copies on yellow paper. Make three copies of the original form.

5. Serve the documents to your spouse by certified mail. Once the documents have been served, the post office will send you a green card signed by your spouse. Fill in an affidavit of service by certified mail (see resources) and attach the green card to the affidavit. File the affidavit with the clerk of the court.

6. Fill out a domestic civil action cover sheet. Make a copy of the original document. Fill out a notice of divorce hearing and a judgment. All of these documents are available at your local courthouse or on the North Carolina Courts website.

7. Collect all of your documents and file them with your local clerk of the court. Pay the processing fee in cash or by money order. You will be given a date to appear in court. Attend court and provide copies of the divorce forms and papers as requested by the judge. If the judge approves your application for divorce, you will be granted a certificate of absolute divorce.

References

• Rosen: Do-It-Yourself Divorce
• Rosen: Divorce Instructions
• Do It Yourself Divorce Instructions

Resources

• NC County Clerks Directory
• Complaint Form With Children
• Complaint Form Without Children
• Verification Form
• Affidavit of Service by Certified Mail