Article Structure
The Complaint Divorce form for North Carolina is a crucial document for individuals seeking to formally end their marriage. Designed to provide the court with essential information about the parties involved, this form sets out the necessary allegations that support the grounds for seeking an absolute divorce. It begins with demographic details, including the names and residency information of both the plaintiff and the defendant. Notably, the form requires confirmation that at least one party has resided in North Carolina for more than six months prior to filing. Additional sections detail the marriage date, the date of separation, and an affirmation that the separation was intended to be permanent. Should there be minor children involved, the form includes specific sections to record their names and dates of birth. Furthermore, this document ensures that both parties acknowledge any claims regarding alimony or property distribution, fostering clarity and resolution. The plaintiff also has the option to request a resumption of their maiden name, adding a personal touch to the formalities. A final section, requiring notarization, solidifies the plaintiff’s statements and intentions, making the document a legally binding request for dissolution of marriage.
Complaint Divorce Nc Example
STATE OF NORTH CAROLINA |
IN THE GENERAL COURT OF JUSTICE |
COUNTY OF DURHAM |
DISTRICT COURT DIVISION |
|
|
|
(File number) |
______________________________________,
Plaintiff
vs.
______________________________________,
Defendant
COMPLAINT
(Absolute Divorce)
The Plaintiff, complaining of the Defendant, alleges:
1.The Plaintiff is a citizen and resident of ___________________ County in the State of
_______________________.
2.The Defendant is a citizen and resident of ___________________ County in the State of
_______________________.
3.The 
Plaintiff and/or the 
Defendant has/have been a resident of North Carolina for more than six (6) months before the date this Complaint was filed.
4.The parties were married on ___________________ (month, day & year for date of marriage) and lived together as husband and wife until on or about ___________________ (month, day & year of date of separation) when they separated from each other.
5.At the time of the separation, the Plaintiff intended that the separation be permanent.
6.Since the date of separation, the parties have lived continuously separate and apart from each other, and at no time have they resumed the marital relationship that formerly existed between them.
7.That there were (check and complete appropriate information about any MINOR children — children who
are now under the age of 18):
There are no minor children who were born of the marriage of the parties.
____ (number of minor child(ren) who were born to the marriage/parties, namely:
COMPLETE THE FOLLOWING ONLY IF THERE ARE MINOR CHILDREN
Full Name of Child |
Date of Birth |
Full Name of Child |
Date of Birth |
Full Name of Child |
Date of Birth |
Full Name of Child |
Date of Birth |
COMPLETE ONLY IF THERE ARE MINOR CHILDREN LISTED ABOVE
8.The Plaintiff acknowledges that he/she is not asking the Defendant for alimony or equitable distribution, and that he/she acknowledges that unless such claims are asserted by one, or the other party, or both parties (or settled outside of court) before the Judgment for Absolute Divorce is signed by the Judge and entered by the Court, he/she is forever waiving and discharging any claim against the defendant for alimony and/or equitable distribution by obtaining an absolute divorce.
9.
(check if applicable) That the Plaintiff and Defendant executed an agreement settling property and other issues on _____________. (attach a copy of the agreement)
10.
(check if applicable) That the Plaintiff be allowed to resume the use of her maiden name, to wit: __________________________ (print maiden name).
WHEREFORE, the Plaintiff respectfully requests the following:
1.That the bonds of matrimony which have existed between the parties will be dissolved and that he/she be granted an absolute divorce from the Defendant.
2.The Plaintiff respectfully requests that the Separation and Property Settlement Agreement executed by the parties on ______________ be incorporated herein.
This the _____ day of _________________, 20_____ (month and year).
________________________________________
(Plaintiff’s full
_____________________________________________________
(Complete street/mailing address of Plaintiff)
________________________________________
________________________________________
(City, State, Zip Code for Plaintiff)
________________________________________
(Plaintiff’s Telephone number)
VERIFICATION
(Must be signed in front of a Notary Public)
I, ______________________________________ (Print Your Name), being first duly sworn,
deposes and says that I am the Plaintiff herein, that I have read the foregoing Complaint for Absolute Divorce and know the statements therein to be true of my own personal knowledge, except as to those matters alleged upon information and belief, and as to those matters, I believe them to be true.
This _____ day of _____________, 20____ (month and year).
__________________________________________________
(Plaintiff’s
Subscribed and affirmed before me this ____ day
of ________________, 20____.
____________________________
Notary Public
My Commission expires: ______________
Form Characteristics
| Fact Name | Detail |
|---|---|
| Governing Law | The Complaint for Absolute Divorce in North Carolina is governed by the North Carolina General Statutes, particularly Chapter 50, which covers divorce and related matters. |
| Residency Requirements | To file for divorce, either the Plaintiff or Defendant must have lived in North Carolina for at least six months prior to filing the Complaint. |
| Separation Requirement | The parties must have lived separately and apart without resuming their marital relationship for at least one year before the Complaint is filed. |
| Minor Children Consideration | If there are minor children, the Plaintiff must disclose this information and complete necessary details regarding the children within the form. |
Guidelines on Utilizing Complaint Divorce Nc
Filling out the Complaint Divorce NC form is a crucial step in initiating the divorce process in North Carolina. Completing this form accurately ensures that all necessary information is conveyed to the court. Ready to get started? Here's how to fill out the form step by step.
- Obtain the form: You can find the Complaint Divorce NC form online or at your local courthouse. Make sure you have the most current version.
- File number: In the designated space, write in the file number assigned by the court clerk. If you don’t have one, leave it blank for now.
- Names of the parties: Fill in your name as the Plaintiff and the name of your spouse as the Defendant in the appropriate sections.
- Addresses: Enter your county and state of residence, as well as your spouse's county and state of residence.
- Residency Requirement: Confirm that either you or your spouse has been a resident of North Carolina for more than six months. Fill in this information accordingly.
- Marriage details: Write the date of your marriage and the date you separated from your spouse in the specified format.
- Intent of separation: Clearly state that the separation was intended to be permanent by affirming this in the provided fields.
- Living situation: Indicate that you and your spouse have lived separately since the date you provided.
- Children: Specify the number of minor children if there are any. If there are no children, check the appropriate box and skip to the next step. If there are minor children, list their names and dates of birth accordingly.
- Alimony and equitable distribution: Acknowledge that you are not asking for these claims in the provided section.
- Settlement agreement: If applicable, check the box indicating that a property and other issues agreement exists, and include the date of this agreement.
- Maiden name: If you wish to resume your maiden name, write it down in the appropriate section.
- Relief sought: State the specific requests you are making, including the dissolution of marriage and incorporation of any settlement agreements.
- Date and signature: Enter the date you are completing the form and sign it with your full name.
- Contact information: Provide your complete street address, city, state, zip code, and telephone number.
- Verification: Print your name in the designated area, sign, and include the date before a Notary Public who will then add their signature and information.
Once you’ve completed the form, double-check for accuracy. Consider consulting a legal professional if you have any doubts. After that, you can file the Complaint Divorce form at your local courthouse to officially start your divorce process. Remember, every detail counts, so take your time to ensure everything is filled out correctly!
What You Should Know About This Form
What is the Complaint Divorce NC form used for?
The Complaint Divorce NC form is used to initiate a divorce process in North Carolina. This legal document formally states the intention of one spouse (the Plaintiff) to obtain an absolute divorce from the other spouse (the Defendant). It outlines details such as residency, the date of marriage, date of separation, and any applicable minor children.
Who can file the Complaint Divorce NC form?
Either spouse can file the Complaint Divorce NC form, provided they meet the residency requirement. At least one spouse must have been a resident of North Carolina for six months prior to filing. It is also important that the Plaintiff intends for the separation to be permanent.
What information do I need to include in the form?
You will need to provide details such as your name, your spouse's name, the counties where you both reside, the date of marriage, and the date of separation. If there are minor children from the marriage, you must list their names and dates of birth as well. Additionally, if you have made any agreements related to property or support, this should be noted.
Do I need to have an attorney to file this form?
While individuals can file the Complaint Divorce NC form without an attorney, it can be beneficial to seek legal advice, especially if there are complicated issues such as child custody or property division. Consulting with a legal professional can help ensure that your rights are protected throughout the process.
What happens after I file the Complaint Divorce NC form?
Once you file the form with the court, a copy must be served to your spouse. The Defendant will have the opportunity to respond. If both parties agree on the terms of the divorce, it may proceed more smoothly. If there are disputes, the court may schedule hearings to resolve the issues.
Can I request a name change in this form?
Yes, if you wish to revert to your maiden name after the divorce, you can request this in the Complaint Divorce NC form. Simply provide your maiden name in the designated section, and the court will consider it during the divorce proceedings.
What if I want alimony or property distribution?
If you wish to pursue alimony or property distribution, you must assert these claims before the divorce judgment is entered. If you do not, you may be waiving your right to claim these after the divorce is finalized. It’s important to handle these matters before your divorce is official.
Is a Notary Public required for this form?
Yes, the Complaint Divorce NC form must be verified by a Notary Public. You need to sign the verification section in front of the Notary to confirm that the statements in the document are true to the best of your knowledge. This step adds legitimacy to your filing.
How do I find the correct court to file this form?
You should file the Complaint Divorce NC form in the General Court of Justice in the county where you or your spouse reside. You can check with your local courthouse or their official website for the specific procedures and any required fees for filing.
Common mistakes
When completing the Complaint Divorce NC form, one prevalent mistake individuals make is failing to provide accurate residency information. Each party must indicate their current county and state of residence. If this information is incorrect or incomplete, it could lead to delays or complications in the divorce process. It is essential to double-check these details before submitting the form.
Another common error involves overlooking the date of marriage and the date of separation. These dates must be precise. A missing date or an incorrect date could undermine the validity of the complaint. Therefore, including accurate information is crucial for the court's records and proceedings.
The acknowledgment of alimony or equitable distribution claims is another area where mistakes occur. Individuals must ensure they correctly indicate whether they are waiving these claims. If a party is unsure about their rights regarding alimony or property distribution, they should seek legal advice before confirming their intentions on the form. This waiver is a significant legal step that could impact future financial support.
Lastly, the failure to notarize the verification section can render the entire complaint ineffective. This error often occurs when individuals assume their signature is sufficient. The verification must be signed in the presence of a notary public to validate the document. Forgetting this step could result in additional delays as the forms would need to be resubmitted correctly.
Documents used along the form
When embarking on the journey of divorce in North Carolina, the Complaint Divorce form isn’t the only document you’ll need. A variety of forms come into play, each serving a unique purpose in facilitating the process. Understanding these documents can make navigating this stage of life a little clearer and less daunting.
- Separation and Property Settlement Agreement: This is a detailed document outlining how the couple has chosen to divide their assets, debts, and responsibilities. It serves as a roadmap for separation, helping both parties avoid disputes later on.
- Child Custody Agreement: If there are minor children involved, this document is crucial. It details how custody and visitation will be handled, ensuring that the best interests of the children are prioritized and clearly defined.
- Motions for Temporary Orders: These requests are made to the court for immediate relief while the divorce is pending. They can address issues like child support or temporary custody until a final decision is made.
- Affidavit of Service: This form proves that the Complaint has been delivered to the other party. It is a necessary step to ensure the court is aware that both parties have been duly notified of the proceedings.
- Final Judgment of Absolute Divorce: This document is issued by the court once the divorce is finalized. It officially ends the marriage and outlines any terms that were established during the proceedings.
Each of these documents plays a pivotal role in ensuring that the divorce process runs as smoothly as possible. Familiarizing yourself with them can help demystify the experience and empower you to make informed decisions. Remember, you are not alone in this process, and resources are available to help every step of the way.
Similar forms
- Petition for Divorce: Similar to the Complaint Divorce NC form, it initiates the divorce process by outlining the marriage, separation details, and requests for relief. Both documents require basic information about the spouses and the nature of the separation.
- Separation Agreement: This document may accompany the Complaint Divorce NC form, detailing the terms of separation, including child support and division of property. Both emphasize the intention of separating permanently.
- Child Custody Agreement: If children are involved, this document specifies custody arrangements. The Complaint Divorce format references provisions regarding minor children, establishing their welfare is a shared concern.
- Alimony Request: If one party seeks financial support after separation, this form can be relevant. The Complaint Divorce NC explicitly states if alimony is waived, clarifying the financial expectations post-divorce.
- Equitable Distribution Application: Similar to the divorce complaint, this application focuses on dividing marital property. The Complaint Divorce NC acknowledges waiver of property claims unless pursued separately.
- Motion for Temporary Support: This document requests immediate support during divorce proceedings. Both forms require substantiation of financial need and termination of shared economic support.
- Request for Name Change: If one party wishes to revert to their maiden name upon divorce, this request can be included in the divorce complaint, making it similar in its procedural context.
- Affidavit of Service: This document verifies that the Defendant received the divorce documents. The Complaint Divorce NC necessitates proof of service to ensure the process is valid and fair.
Dos and Don'ts
When filling out the Complaint Divorce NC form, there are several key actions to take and avoid. Here’s a concise list to guide you:
- Do provide accurate information about your residency and marriage history.
- Do clearly state the date of separation. This helps establish your grounds for divorce.
- Do check the appropriate boxes regarding minor children and include their details if applicable.
- Do ensure all signatures, including notarization, are completed properly before submission.
- Don't omit any sections that apply to your situation; incomplete forms can lead to delays.
- Don't forget to keep a copy of the completed form for your personal records.
Following these guidelines will help streamline the process and minimize potential issues as you navigate the divorce proceedings in North Carolina.
Misconceptions
Divorce can be a challenging process, and many myths can cloud the understanding of the legal requirements for a Complaint Divorce in North Carolina. Here are some common misconceptions, along with clarifications to help you navigate this procedure.
- All divorces require court appearances. Many divorces can be finalized without both parties physically appearing in court, especially if the process is uncontested and all paperwork is correctly filed.
- You need a lawyer to file for divorce. While hiring a lawyer can provide valuable assistance, individuals can represent themselves and file the necessary forms without legal representation.
- You cannot get divorced without a child custody agreement. If there are no minor children involved, the couple can still proceed with an absolute divorce without needing custody arrangements.
- You will automatically get alimony. Alimony is not guaranteed in every divorce case. It depends on various factors, including agreements made during the divorce process.
- Filing for divorce means your spouse will receive notification immediately. The process involves multiple steps, including serving the complaint on the other party, which gives them official notice.
- You must have lived in North Carolina for a full year before filing. In North Carolina, at least one spouse must have lived in the state for six months prior to filing for divorce.
- Separation is not required before filing. Couples must be separated for at least one year in North Carolina before they can file for an absolute divorce.
- All property will automatically be divided in the divorce. Property division depends on agreements made by the parties. If they haven't settled these issues prior to filing, disputes may arise.
- Alimony claims can't be waived. If the plaintiff explicitly states in the complaint that alimony claims are waived, this waiver is typically honored unless the court decides otherwise.
- You can change your name without filing a separate document. To resume a maiden name, it must be specifically requested in the divorce complaint. It's part of the overall divorce process.
Understanding these misconceptions can help demystify the Complaint Divorce process in North Carolina and empower individuals to take informed steps forward.
Key takeaways
Ensure that the correct court jurisdiction is chosen. The Complaint for Absolute Divorce must be filed in the appropriate county court where either spouse resides.
Clearly indicate the date of marriage and the date of separation, as these dates are crucial for establishing the grounds for divorce.
When specifying children, it is important to accurately fill in the details for any minor children involved. If there are no minor children, ensure this is clearly noted.
Confirm that you are not seeking alimony or equitable distribution, if that is the case, because this acknowledgment waives any future claims related to these issues.
If applicable, attach a copy of any settlement agreements when checking that an agreement has been made. This helps clarify property and financial planning.
Finally, don’t forget the notarization of the verification section. This step is essential to validate the document legally before submission.
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