Getting the right North Carolina divorce forms and completing them correctly is essential for successfully filing for divorce and avoiding delays or rejections that could set back your case. The North Carolina Judicial Branch provides official divorce forms designed to help people represent themselves in simple divorce cases, though understanding which forms you need, how to complete them properly, and where to file them requires careful attention to detail and awareness of your specific situation.
Where to Get North Carolina Divorce Forms
The North Carolina Judicial Branch maintains official divorce forms available to the public through multiple channels. The North Carolina Courts website offers downloadable PDF versions of all required divorce forms at no cost. You can access the complete North Carolina Divorce Packet, which includes instructions and all necessary forms for filing an absolute divorce.
Many county clerk of court offices provide divorce packets specifically tailored to their local procedures. Counties, including Durham, Wake, Mecklenburg, and others, offer comprehensive packets with county-specific instructions that supplement the statewide forms. Contact your county clerk of court to determine whether local forms or procedures apply to your case.
Legal Aid of North Carolina offers a File-It-Yourself Divorce Packet with detailed instructions and all required forms. This packet is designed for people representing themselves without an attorney. You can download it from the Legal Aid website or request a printed copy by calling 1-866-219-5262.
Guide and File Online System
The North Carolina Judicial Branch offers Guide and File, a free online service that helps you prepare divorce documents electronically. This interactive system asks questions about your situation and automatically generates completed forms based on your answers. Guide and File is currently available for absolute divorce filings and provides a user-friendly alternative to manually completing PDF forms.
To use Guide and File, visit the North Carolina Courts website and create a free account. The system guides you through each required form, explains what information you need to provide, and ensures forms are completed correctly before you submit them for filing.
Essential Forms for Filing Absolute Divorce
Several forms are required to file for an absolute divorce in North Carolina. Understanding each form's purpose helps ensure you complete them correctly.
Complaint for Absolute Divorce
The Complaint for Absolute Divorce is the primary document that initiates your divorce case. This verified complaint must be signed in front of a notary public. The complaint includes your marriage date, separation date, statement that you've lived separate and apart for one year with the intent for the separation to be permanent, which spouse has lived in North Carolina for six months, whether you had children during the marriage, and what relief you're requesting.
Civil Summons
The Civil Summons officially notifies your spouse that you've filed a lawsuit and informs them of their right to respond. North Carolina courts use form AOC-CV-100 for civil summons. You'll need multiple copies: one original for the court file and additional copies for service on your spouse.
Domestic Civil Action Cover Sheet
This form provides basic case information to help the court system track and manage divorce filings. It includes details about the parties, case type, and whether related cases are pending.
Service Members' Civil Relief Act Affidavit
The SCRA Affidavit verifies whether your spouse is currently serving in the military. Federal law requires this affidavit before a court can enter a default judgment against someone who hasn't appeared in the case. You must complete this form even if you know your spouse isn't in the military.
Forms for Serving Your Spouse
After filing your divorce complaint, you need forms to properly serve your spouse with notice of the lawsuit.
Affidavit of Service by Mail
If you serve your spouse by certified mail, you'll file an Affidavit of Service by Mail along with the certified mail receipt to prove your spouse received the documents.
Acceptance of Service
If your spouse is cooperative, they can sign an Acceptance of Service form in front of a notary. Filing this notarized acceptance with the court proves your spouse received proper notice without requiring formal service by sheriff or certified mail.
Forms for the Divorce Hearing
Several forms are needed for your divorce hearing and to finalize your divorce.
Notice of Hearing
Once you schedule your divorce hearing, you must notify your spouse of the hearing date, time, and location by filing and serving a Notice of Hearing.
Judgment of Absolute Divorce
This form contains the court's order granting your divorce. You prepare a proposed judgment for the judge to sign at your hearing. The judgment becomes the official court order ending your marriage.
Certificate of Absolute Divorce
Form DHHS 2089 is the Certificate of Absolute Divorce that gets sent to the North Carolina Department of Vital Records to officially record your divorce. Court staff typically provide this form at your divorce hearing.
When Standard Divorce Forms Aren't Enough
The basic divorce packet works only for simple cases where you're seeking absolute divorce without addressing property division or spousal support. If you want to preserve rights to equitable distribution of marital property or request alimony, you'll need additional forms and should strongly consider consulting an attorney.
Similarly, if you're filing for divorce from bed and board, need to address child custody or child support, or face other complex issues, standard divorce forms won't cover all your needs. These situations require additional pleadings and court forms beyond what's included in basic divorce packets.
Important Warnings About Using Divorce Forms
North Carolina court forms include critical warnings you must understand before proceeding. Filing for an absolute divorce before settling property division or spousal support issues can result in permanent loss of rights. Once your absolute divorce is granted, you forever lose the ability to ask a court to divide marital property or award alimony unless you filed claims for these rights before the divorce became final.
The forms are educational tools designed to help you represent yourself, but using them means you're acting as your own attorney. Court staff cannot provide legal advice, help you fill out forms, or tell you whether divorce is the right choice for your situation. If you have questions about your legal rights or whether you're completing forms correctly, consult with an attorney.
Tips for Completing North Carolina Divorce Forms
Several best practices help ensure your forms are completed correctly. Read all instructions completely before starting to fill out forms. Take your time and double-check all information for accuracy before signing or filing. Make multiple copies of every form before submitting originals to the court. One copy goes to the court, one to your spouse, and one for your records.
Have your Complaint for Absolute Divorce notarized before filing. Don't sign the verification until you're in front of a notary public. Keep the notary public's seal and signature on the same page as your signature. Check whether your county uses eCourts electronic filing. If so, you'll need to file electronically rather than delivering paper forms to the clerk's office.