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North Carolina Divorce Forms
This is a list of the most commonly filed divorce forms for the state of North Carolina. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in North Carolina, certain forms may or may not be required by the North Carolina courts.
A divorce involving children requires that the filer use one of three forms when filing for child support. They are as follows:
Worksheet A--Child Support Obligation -- Primary Custody, AOC-CV-627which is used for support when one parent has sole custody. Worksheet A is used when the custodial parent has physical custody of the child(ren) more than 243 days of the year.
Worksheet B--Child Support Obligation--Joint or Shared Custody, AOC-CV-628, which is used when both parents share custody. Worksheet B is used when the parents share joint physical custody of the children for whom support is sought.
Worksheet C--Child Support Obligation--Split Custody, AOC-CV-629, which is used when a child spends equal time with both parents. Worksheet C is used when there is more than one child and each parent has physical custody of at least one of the children.
Civil Summons, AOC-CV-100
The Civil Summons, filed with the Complaint, notifies the Defendant spouse that the divorce action has been initiated. The Summons gives the Defendant 30 days to file an Answer. If he or she does not answer, the Plaintiff will apply for a default and seek the relief demanded in the Complaint.
Notice of Hearing
A Notice of Hearing is used to give the opposing party notice of any hearing during the course of the divorce.
Certificate of Service
A Certificate of Service must be filed with the court after the opposing party receives any form, such as a Notice of Hearing.
Divorce Complaint (No Children) and Complaint
A Divorce Complaint (No Children) identifies the spouses, their addresses, date and place of marriage, states that they "have lived continuously separate and apart" for more than one year and that there are no children. The Complaint form is used in marriages with children.
The Verification, which is attached to the back of the complaint, affirms the accuracy of the Divorce Complaint. The Verification must be notarized.
Acceptance of Service
The Defendant signs the Acceptance of Service when he or she agrees to the divorce and thereby waives formal service of the Complaint and Summons. The Acceptance of Service, signed and notarized, moves the action along as an uncontested divorce.
Affidavit of Service by Registered or Certified Mail
When the Defendant is served the Summons and Complaint by registered or certified mail, this affidavit is filed. The green postal receipt card is attached, and the affidavit must be notarized.
Judgment for Absolute Divorce and Divorce Judgment
The Judgment for Absolute Divorce ends the marriage, and it is signed by the judge at the divorce hearing. The judgment also restores the maiden name of the woman, if she wishes. The Divorce Judgment ends the marriage, but this form if used if there are children, and it incorporates the Separation Agreement if the parties wish it.
Certificate of Absolute Divorce or Annulment
This certificate, which is filed at the divorce hearing, records the action for the North Carolina Department of Health and Human Services Vital Records.
When alimony or property distribution is an issue, the parties must each file a Financial Affidavit, which profiles the finances of the Affiant.
The Separation Agreement, which must be notarized and submitted to the court, is signed by both parties. It defines the terms and conditions of the division and distribution of the assets and liabilities of the marital estate and it may include provisions for alimony, custody and child support.
Affidavit as to Status of Minor Child
When child custody may be an issue, the Petitioner must file an Affidavit as to Status of Minor Child. This affidavit documents the five-year residential history of the child(ren) of the marriage and stipulates whether the Plaintiff 1) has participated in litigation concerning the child(ren)'s custody, 2) has information of a custody proceeding in North Carolina or any other state, 3) knows of a person who has physical custody or claims to have custody or visitation rights.
If the Defendant does not provide required information, for example, the Financial Affidavit, the Plaintiff may ask the court to order him or her to do so by issuing a Subpoena.
Notice of Service by Publication
The Notice of Service Publication, when approved by the court, is sent to a newspaper that publishes it. This step is taken when the Plaintiff has made a good faith effort to locate a Defendant who cannot or will not accept service of the divorce documents.
Affidavit of Publication
The Affidavit of Publication certifies that the Notice of Service by Publication has been published.
Affidavit of Service by Publication
The Affidavit of Service by Publication is a sworn statement by the Plaintiff that the Defendant has been served by the publication of the notice.
Petition to Sue/Appeal As an Indigent, AOC-G-106
The Petition to Sue/Appeal As an Indigent may be filed when a party believes he or she cannot afford the costs of the court action.
Affidavit of Indigency, AOC-CR-226
The Affidavit of Indigency, used in conjunction with the Petition to Sue/Appeal As an Indigent, certifies the income and assets and liabilities of a party seeking relief from court costs.
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