This post provides a list of the documents needed for a simple, uncontested divorce in North Carolina. For each document, it provides a link to the court’s standard form or a template example. However, please note that the process for getting a divorce decree may vary from one courthouse to the next and even from one person to the next, depending on their circumstances.
When someone refers to “divorce filings,” they really mean a stack of documents submitted to the court that starts your divorce lawsuit. These documents include:
- A Cover Sheet (form CV-750): This tells the court what you are filing.
- A Complaint (here’s a template): This is where you describe your lawsuit.
- A Verification (here’s a template): This is where you promise what you said in the Complaint is true.
- A Summons (form CV-100): This tells your spouse they have 30 days to respond.
- An SCRA Affidavit (form G-250): This is where you promise your spouse is not in the military.
- An SCRA Report (created here): This proves your spouse is not in the military.
- An Affidavit of Judicial Assignment: Use your court’s form, if they require one.
The Motion for Divorce
The motion for divorce is where you ask the court to sign your divorce decree, usually 30 days after serving the initial filings on your spouse. The documents you need will vary depending on whether you are asking a clerk or a judge to sign your divorce decree.
- Affidavit of Service of Process (form CV-105): This is where you promise you served the divorce filings on your spouse.
- Proof of Service of Process: If you served your spouse via certified mail, this will be the receipt showing a signature for delivery.
- A Motion Cover Sheet (form CV-752): This tells the court what you are filing
- Motion for Divorce Judgment (here’s a template): This is where you ask the court to sign a divorce decree.
- Certificate of Service (here’s a template): This is where you promise you sent a copy of the motion and associated documents to your spouse.
- Judgment for Absolute Divorce by Clerk (form CV-710): This is the actual divorce decree you’re asking a clerk to sign, if you are getting divorced by clerk, and not by judge.
- Judgment for Absolute Divorce by Judge (here’s a template): This is the actual divorce decree you’re asking a judge to sign, if you are getting divorced by a judge, and not by clerk.
- Notice of Hearing (form G-130): This notifies your spouse of the date, time, and location of the hearing before a judge.
- Certificate of Divorce (form DHHS 2089): This is used to update public records.
- Another Certificate of Service: Promising a copy of the signed divorce decree was mailed to your spouse.
King @ Law
Attorney David King can be reached at David@kinglawnc.com. If you have questions or complications to discuss, please schedule a consultation. King @ Law charges $700 to handle simple, uncontested divorces. This fee includes court fees and other expenses. You can hire us for your simple uncontested divorce here.