Article Guide
Navigating the emotional and legal complexities of divorce can be overwhelming, especially when it comes to completing the necessary paperwork. In North Carolina, one essential document for initiating an absolute divorce is the Complaint Divorce form, often categorized under the General Court of Justice. This form serves as a formal request by one spouse, the Plaintiff, to the court for a dissolution of marriage. It outlines fundamental details such as the residency of both parties, the date of marriage, and the date of separation, emphasizing a clear intention for the separation to be permanent. The form also addresses any minor children involved in the marriage, providing options to specify their names and dates of birth, as well as clarifying custody arrangements if applicable. Additionally, it includes important acknowledgments regarding alimony or equitable distribution. Acknowledging whether one party wishes to return to their maiden name is also part of the form’s structure. Beyond merely filling out each section, it is crucial to ensure that the information is accurate and comprehensive, as this can affect the proceedings of the divorce. Ultimately, completing this form accurately is the first step toward achieving closure and moving forward with one’s life post-divorce.
Form Sample
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: ______________
Document Specifications
| Fact Name | Details |
|---|---|
| Governing Law | The Complaint for Absolute Divorce in North Carolina is governed by North Carolina General Statutes, Chapter 50. |
| Residency Requirement | The Plaintiff and/or Defendant must be residents of North Carolina for over six months before filing. |
| Filing Process | To initiate the divorce, the Plaintiff must file the form in the county where either party resides. |
| Separation Statement | The Plaintiff must declare that the separation was intended to be permanent at the time it occurred. |
| Child Information | If there are minor children involved, their names and birthdates must be provided in the form. |
| Alimony Waiver | The Plaintiff acknowledges a waiver of any claims for alimony or equitable distribution as part of the divorce. |
| Maiden Name Reinstatement | The Plaintiff can request to resume their maiden name, if desired, in the form. |
| Notary Requirement | The verification section of the form must be signed in front of a Notary Public. |
| Final Judgment Request | The Plaintiff requests the court to grant an absolute divorce and may incorporate any settlement agreement. |
Steps to Filling Out Complaint Divorce Nc
After you complete the Complaint Divorce NC form, you will need to file it with your local District Court. Make sure to check your local court’s requirements for filing fees and any additional documents that may be needed. Here’s how to fill out the form:
- Enter case details: Write the file number in the upper right-hand corner. Fill in your name as the Plaintiff and the name of your spouse as the Defendant.
- Provide county information: State the county where you reside and the county where the Defendant resides.
- Residency requirement: Indicate that you or the Defendant have been a resident of North Carolina for more than six months prior to filing.
- Marriage details: Enter the date of marriage and the date of separation. Include complete and accurate dates.
- Separation intent: Affirm that the separation was intended to be permanent at the time it occurred.
- Living separately: Confirm that both parties have continuously lived separately since the separation.
- Minor children: Check whether any minor children were born of the marriage. If applicable, provide their names and birthdates. If there are no minor children, state that there are none.
- Alimony and property settlement: Acknowledge whether you are waiving any claims for alimony or property distribution. If an agreement has been executed, provide the date and attach a copy.
- Maiden name request: If applicable, indicate that you wish to resume your maiden name by writing it clearly.
- Request for relief: Clearly state your request for an absolute divorce and mention any incorporated agreements.
- Signature and date: Sign and date the document at the bottom, including your complete mailing address and telephone number.
- Verification: Provide your name and sign the verification section in front of a Notary Public.
More About Complaint Divorce Nc
What is the Complaint Divorce NC form?
The Complaint Divorce NC form is a legal document that initiates a divorce in North Carolina. It outlines the reasons for the divorce and includes necessary information about both parties. This form helps the court understand the situation of the marriage and the separation of the spouses. It’s essential for anyone seeking an absolute divorce to complete this form properly to ensure the process moves forward smoothly.
Who needs to fill out this form?
The Plaintiff, or the spouse seeking the divorce, must fill out the Complaint Divorce NC form. This person must also have been a resident of North Carolina for at least six months before filing. The Defendant is the other spouse, and while they do not fill out the form, they will receive a copy once it is filed with the court. It is crucial that both parties meet the residency requirements outlined in the form.
What information is required on the form?
Several key pieces of information are needed on the form. You must provide the full names of both spouses, the date of the marriage, and the date of separation. If there are minor children involved, their names and dates of birth should also be included. Additionally, the Plaintiff must indicate whether they are seeking alimony or property distribution and may request permission to resume their maiden name. This information helps the court understand the circumstances of the marriage and any outstanding issues.
How do I file the Complaint Divorce NC form?
To file the Complaint Divorce NC form, you need to bring the completed form to the local courthouse in the county where you or your spouse reside. There may be a filing fee that varies by county. Once you submit the form, the court will assign a file number and process the divorce case. It’s important to keep copies of all documents for your records and to provide a copy to the Defendant.
What happens after the form is filed?
After filing the Complaint Divorce NC form, the court will serve the Defendant with a copy of the complaint. The Defendant then has a certain amount of time to respond. If both parties agree on all issues (like child custody, property division, etc.), the divorce can proceed fairly quickly. If there are disagreements, the court may schedule hearings to resolve those issues before finalizing the divorce. Overall, the process can vary in length depending on the specifics of the case and the responsiveness of both parties.
Common mistakes
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Incomplete Personal Information: Failing to provide complete and accurate details in the personal information section can lead to delays. Ensure that all names, addresses, and relevant dates are correctly filled out.
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Incorrect Residency Requirements: Many individuals forget to verify that they meet the residency requirements. Remember that at least one party must have lived in North Carolina for more than six months before filing.
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Neglecting to Address Minor Children: If minor children are involved, omitting details about them can complicate the process. Be sure to specify the number of children and provide their full names and birth dates.
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Ignoring Alimony and Property Distribution Claims: It is crucial to acknowledge any claims for alimony or property division. If these matters are not explicitly addressed, they may be waived forever.
Documents used along the form
When filing for a divorce in North Carolina, several other forms and documents are commonly used alongside the Complaint Divorce NC form. Each document serves a specific purpose, helping to clarify and streamline the proceedings. Below is a list of these essential forms.
- Answer to Complaint: The Defendant's formal response to the Plaintiff’s Complaint. This document outlines the Defendant's position on the divorce and any counterclaims or issues they wish to raise.
- Separation Agreement: An optional document that outlines the terms agreed upon by both parties regarding property division, alimony, and child custody if applicable. It helps resolve issues outside of court.
- Affidavit of Service: A document that confirms the Defendant has been properly served with the divorce Complaint. This is crucial for the court to establish jurisdiction and proceed with the case.
- Child Custody Agreement: When minor children are involved, this document details the custody arrangement between the parents. It addresses legal and physical custody, visitation, and any related matters.
- Financial Affidavit: A comprehensive disclosure of each party's financial situation, including income, expenses, assets, and liabilities. This aids in determining alimony and property division.
- Notice of Hearing: A document that informs both parties of the date and time of the court hearing. It is essential for ensuring attendance and proper court procedure.
- Mediation Agreement: If the parties have undergone mediation, this document outlines the resolved terms. It can simplify the court process by presenting already negotiated agreements.
- Request for Verification: A form used to verify that both parties have complied with necessary disclosures and any required filings prior to the divorce proceedings.
- Judgment for Absolute Divorce: The final court order that officially dissolves the marriage. This document is necessary for the legal termination of the marital relationship.
- Waiver of Service: If the Defendant agrees to waive formal service of the Complaint, this document can simplify the process, allowing the case to move forward without serving the Defendant in person.
Understanding these documents and their purposes is essential for anyone navigating the divorce process in North Carolina. Each one plays a critical role in ensuring that the proceedings are handled efficiently and fairly.
Similar forms
The Complaint Divorce form in North Carolina shares similarities with the Petition for Annulment. Like the divorce complaint, the annulment petition requires both parties' information, including residency details and the dates of marriage and separation. The goal of both documents is to legally dissolve a union, but while a divorce acknowledges the marriage, an annulment states that the marriage was invalid from the beginning. Both forms demand a clear presentation of claims and any relevant agreements concerning property and child custody when applicable.
Another document akin to the Complaint Divorce is the Child Custody Agreement. This agreement outlines the custodial arrangements for any minor children involved. It discusses the rights and responsibilities of each parent concerning the child's care. Though a Child Custody Agreement is often used alongside a divorce complaint, it focuses specifically on the welfare of children, ensuring their best interests are prioritized. Whereas the divorce complaint seeks to dissolve the marriage, the custody agreement seeks to provide a stable environment for the children post-separation.
The Separation Agreement is comparable to the Divorce Complaint as it often precedes it. In this document, the spouses outline their intentions and agreements regarding property division, alimony, and child support while living separately. While the Complaint Divorce seeks to finalize the divorce, the Separation Agreement serves as an interim measure, helping both parties navigate their new lives before the final divorce decree is granted. It's often critical to provide clear terms to avoid disputes later, making it an essential document in the process.
The Postnuptial Agreement also shares a resemblance with the Divorce Complaint. Though typically created during a marriage, it can clarify rights and responsibilities related to finances and property should the relationship end. Much like the Divorce Complaint, it requires a comprehensive understanding of each person’s contributions and expectations. Provisions made in a Postnuptial Agreement may play a significant role in discussions of equitable distribution during the divorce, showing how agreements made can have lasting impacts on divorce proceedings.
Lastly, the Financial Affidavit is a document often needed when filing for divorce, making it similar to the Complaint Divorce. This form details each spouse's income, expenses, assets, and debts. Providing accurate financial information is essential during divorce proceedings, helping the court make informed decisions about property division and support obligations. Both documents aim to present the current state of the parties' lives, but while the Complaint focuses on ending the marriage, the Financial Affidavit centers on the financial implications of that decision.
Dos and Don'ts
When filling out the Complaint Divorce NC form, it's important to approach the task with care. Below are ten things you should and shouldn't do to ensure your submission is smooth and successful.
- Do: Provide accurate information about your residency. You must indicate the correct county and ensure that at least one of you has lived in North Carolina for more than six months.
- Do: Complete all relevant sections. This includes filling in details about your marriage and separation.
- Do: Double-check the date of your marriage and separation. Any discrepancies can delay the process.
- Do: Clearly state whether there are minor children involved. If so, provide their names and birth dates accurately.
- Do: If applicable, include information about any property settlement agreements that have been executed.
- Don't: Forget to sign your Complaint and provide your complete address. An incomplete form can lead to immediate rejection.
- Don't: Leave any required fields blank. If a particular question doesn't apply to you, state that explicitly.
- Don't: Assume that verbal agreements are sufficient. All claims regarding alimony and property settlement should be documented.
- Don't: Miss the notary requirement for verification. Having your signature witnessed is crucial for the document's legitimacy.
- Don't: Forget to make copies of your form before submission. Keeping a record is always a good practice for your own reference.
By following these guidelines, you will navigate the process more smoothly and reduce the chances of delays or complications. Approach this step with diligence, and you will set the foundation for your next steps ahead.
Misconceptions
When it comes to the Complaint Divorce NC form, misunderstandings can lead to unnecessary complications. Clearing up these misconceptions can empower individuals navigating the divorce process. Here are eight common myths surrounding this form:
- Filing a Complaint is the Same as Getting a Divorce: Many believe that simply submitting the Complaint Divorce NC form finalizes their divorce. In reality, while this form starts the process, a judge must review and grant the divorce for it to be official.
- You Can't File if You Have Minor Children: Some think that having children makes filing the complaint impossible. However, this form can still be used, but you must address issues regarding child custody and support separately.
- The Form is Only for Women: There's a misconception that only women can be plaintiffs. Anyone can file the Complaint, regardless of gender, provided they meet the legal residency and relationship criteria.
- You Must Have a Lawyer to File: Many believe that it’s mandatory to hire an attorney for this process. While having legal guidance can be helpful, individuals can file the form on their own if they understand the requirements.
- Once the Form is Filed, You Can't Change Your Mind: Some people feel that filing the Complaint locks them into the decision. In certain cases, it’s possible to withdraw the complaint or reach reconciliation before the divorce is finalized.
- You Can't File if You are Separated Less than a Year: While separation is often a requirement, you can file for an absolute divorce after a legal separation period, which in North Carolina is usually just a year.
- The Form is One Size Fits All: There’s a belief that the Complaint Divorce NC form is a universal solution. In truth, it needs to be customized for specific circumstances, like property division or alimony requests.
- Divorces are Always Contested: Some think the divorce process is always adversarial. Many couples file for uncontested divorces, where both parties agree on the terms, allowing for a smoother process.
Understanding these misconceptions can help individuals feel more confident as they navigate their divorce journey. Being informed empowers you to make decisions that align with your needs and circumstances.
Key takeaways
When navigating the process of filling out the Complaint Divorce NC form, there are several important points to keep in mind to ensure you proceed smoothly.
- Ensure Correct Residency: Verify that you or your spouse have been North Carolina residents for over six months before filing.
- Provide Complete Information: Fill in all the required details such as names, dates, and ages accurately to avoid delays.
- Understand Separation Terms: Clearly state the date of separation and your intention for it to be permanent.
- Address Minor Children: If applicable, include information about any minor children, including their names and birthdates.
- Be Cautious with Alimony Claims: If you choose to waive alimony or property claims, understand that this decision is irreversible once filed.
- Sign Before Notary: Remember to get your verification signed in front of a Notary Public; this step is crucial for the document’s validity.
By keeping these key takeaways in mind, you increase the likelihood of a successful and efficient divorce process.