What is required for a divorce in NC? The basics.

NC DivorceAn absolute divorce changes the status of a married couple to being unmarried.  An absolute divorce in North Carolina ends the marriage.

The absolute divorce does not resolve property, alimony, child custody, child support, or other issues.  If you decide to file your own divorce be aware that you can lose certain important legal rights to pursue alimony, postseparation support, and distribution of property.  You should talk to an attorney prior to filing for divorce.

The legal requirements for an absolute divorce in North Carolina that must be set out in the complaint are:

  1. That the plaintiff or defendant has been a resident of North Carolina for at least six months prior to the filing of the complaint.
  2. That the parties have lived separate and apart for one year with a specific date of separation set out.
  3. Set out the names and ages of any minor children of the marriage or the fact that there are no children of the marriage.
  4. The statute requires the names and ages of any children of a party seeking divorce so that the court may protect the interests of such children if the parties have failed to do so.
  5. The complaint for divorce must be verified. (Signed before a notary public with the proper  statement that the plaintiff swears the content of the complaint is true.
  6. The complaint must say the plaintiff and defendant are married.
  7. It must say that that at least one of the parties intended the separation to be permanent.

 

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Raleigh  lawyer Scott Allen handles contested divorce and has over seventeen years of experience.  

If you have questions or need assistance call him at (919) 863-4183 or email at sallen@allenspence.com.