Couple with divorce decree in lawyer's office

Filing for Divorce in Durham County: What You Need to Know

North Carolina’s no-fault divorce option simplifies proceedings by eliminating the need to assign blame or prove fault. Unfortunately, even with this advantage, the process of filing for a divorce is still quite complex, especially when it comes to preparing and filing the required documentation. 

The only condition a married couple has to fulfill to file for Absolute Divorce in North Carolina is to be separated for one whole year and for either spouse to have resided in the state for at least six consecutive months. Once these requirements have been met, couples may then fill out the necessary paperwork and follow the appropriate steps to move their divorce forward until it is finalized.

At Stephen E. Robertson Law Office, we understand that divorces are emotionally draining. Besides dealing with the pressures of the divorce itself, you are also trying to cope with a failed marriage and all the changes it’s imposing on your life. Fortunately, our Greensboro divorce lawyers are here to help. We will handle your case with care and attention from day one and ensure your paperwork is filled out and filed correctly and on time. Call us today to speak with an experienced Greensboro divorce attorney about your rights and legal options.

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Paperwork Required for a Divorce in Durham County

Divorce proceedings involve multiple forms. In addition to filing the paperwork, keep in mind that requests for alimony, child custody, child support, or division of assets have to be filed before you file for divorce to ensure your rights are protected. 

Your divorce documents will have fields for “defendant” and “plaintiff,” and some signatures must be witnessed by a Notary Public before the completed forms can be delivered to your spouse. Important forms you need to be aware of include:

  • Complaint: Since a divorce is technically a kind of lawsuit, a complaint must be filed at your County Clerk’s office. It should state which spouse is seeking a divorce and ask the judge to approve it.
  • Verification: This is a signed and notarized document that confirms the complaint is valid.
  • Civil Summons: A civil summons identifies the spouse being served with divorce papers and from whom you are seeking a divorce. If the divorce papers are served by the sheriff’s department, a Notice of Assignment Card must also be filed. If you mailed your complaint, an Affidavit of Service by Certified Mail must be completed.
  • Judgment: This is a legal document that finalizes and grants your request for a divorce. It must be filed with the clerk’s office. 

If a form requires notarization, do not sign it unless a Notary Public is present. Make duplicates of every completed form to ensure you have a copy for your records. A knowledgeable Greensboro divorce lawyer will make sure these forms are filled out and filed correctly, and make the North Carolina divorce filing process as easy as possible.

The Divorce Process in Durham County

After submitting the necessary paperwork, your divorce proceedings will go through multiple stages before it is finalized. These include:

  • Separation: The North Carolina divorce filing process begins when you and your spouse are physically separated for at least a year. This is when alimony, child custody, and other issues are resolved.  
  • Filing: After being separated for a year, the divorce complaint can legally be filed with your local County Clerk’s office along with the verification, civil summons, and any corresponding fees.
  • Service: You are not allowed to serve the divorce complaint to your spouse in person. It must be delivered in person through the sheriff’s office, through certified mail, or by paying to have a notice published in the local paper. Once your spouse is served, you’ll need to wait 30 days before you can schedule a hearing. If your spouse wants to contest the complaint, they can file an answer during this time.
  • Hearing: During the hearing, a judge will hear your case, make a decision on any disputes, and hopefully enter a judgment granting the dissolution of your marriage.
  • Finalized: After the judge enters their ruling on your divorce, you’ll need to submit three copies of the finalized document to the Clerk of Court’s Office. For women who wish to restore their maiden names, you can get the ball rolling by filing an additional certified copy of your judgment with the Social Security Administration.
Judge's gavel and wedding rings on concrete stone grey background

Given that North Carolina’s divorce process is so complex and emotionally draining, it is in your best interests to speak to an experienced Greensboro divorce attorney to ensure that the correct procedures are followed and your desired outcome is achieved.

Call the Law Office of Stephen E. Robertson, PLLC

The Greensboro divorce lawyers at the Law Office of Stephen E. Robertson, PLLC, have the resources and skills you need to pursue and finalize your divorce and move forward with your life. The North Carolina divorce filing process is complicated and demands a legal advocate with the stamina and experience to see it through. 
To start your divorce proceedings, schedule a consultation with a member of our legal team by calling (336) 370-6760 or filling out our easy online contact form.