Difference between revisions of "Divorce Decree"
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'''A divorce decree''' legally ends a marriage. This allows the spouses to remarry. It also severs a variety of rights related to the marriage and divorce, such as inheritance rights. The spouses must be living in separate buildings for one year before either can file for divorce. | '''A divorce decree''' legally ends a marriage. This allows the spouses to remarry. It also severs a variety of rights related to the marriage and divorce, such as inheritance rights. The spouses must be living in separate buildings for one year before either can file for divorce. There are three steps to getting a divorce decree: (1) divorce filings (2) service of process and (3) motion for divorce. | ||
==Criteria== | ==Criteria== | ||
| Line 25: | Line 25: | ||
===Divorce Filings=== | ===Divorce Filings=== | ||
<ul> | <ul> | ||
<li>A Cover Sheet ( | <li>A Cover Sheet ([https://www.nccourts.gov/assets/documents/forms/cv750-en.pdf?VersionId=5WHeMjUjHBLMpP04v2Nx_bz60tSPiJXA form CV-750]): This tells the court what you are filing.</li> | ||
<li>A Complaint ( | <li>A Complaint ([https://kinglawnc.com/wp-content/uploads/2022/08/Example-Complaint.docx here's a template]): This is where you describe your lawsuit.</li> | ||
<li>A Verification ( | <li>A Verification ([https://kinglawnc.com/wp-content/uploads/2022/08/Verification.docx here's a template]): This is where you promise what you said in the Complaint is true.</li> | ||
<li>A Summons ( | <li>A Summons ([https://www.nccourts.gov/assets/documents/forms/204.pdf?VersionId=fA51LXFT608ciR5KywVFKtxMwb6ooNs5 form CV-100]): This tells your spouse they have 30 days to respond.</li> | ||
<li>An SCRA Affidavit ( | <li>An SCRA Affidavit ([https://www.nccourts.gov/assets/documents/forms/g250_2.pdf?VersionId=AWcozTyfLpwG7Dw7r5i_P3Cj_iIxc0To form G-250]): This is where you promise your spouse is not in the military.</li> | ||
<li>An SCRA Report ( | <li>An SCRA Report ([https://scra.dmdc.osd.mil/scra/#/home" created here]): This proves your spouse is not in the military.</li> | ||
<li>An Affidavit of Judicial Assignment: Use your court's form, if they require one.</li> | <li>An Affidavit of Judicial Assignment: Use your court's form, if they require one.</li> | ||
| Line 42: | Line 42: | ||
===Service of Process=== | ===Service of Process=== | ||
<ul> | <ul> | ||
<li>Affidavit of Service of Process ( | <li>Affidavit of Service of Process ([https://www.nccourts.gov/assets/documents/forms/cv105-en.pdf?N.To2zHreaRfbj_H79N7U9KQt6N6Ds8B form CV-105]): This is where you promise you served the divorce filings on your spouse.</li> | ||
<li>Proof of Service of Process: If you served your spouse via certified mail, this will be the receipt showing a signature for delivery.</li> | <li>Proof of Service of Process: If you served your spouse via certified mail, this will be the receipt showing a signature for delivery.</li> | ||
| Line 48: | Line 48: | ||
===Motion for Divorce=== | ===Motion for Divorce=== | ||
<ul> | <ul> | ||
<li>A Motion Cover Sheet ( | <li>A Motion Cover Sheet ([https://www.nccourts.gov/assets/documents/forms/cv752-en.pdf?VersionId=IrKbHUlNMa0BVRvgO_diVfLGoeYsdT9i form CV-752]): This tells the court what you are filing</li> | ||
<li>Motion for Divorce Judgment ( | <li>Motion for Divorce Judgment ([https://kinglawnc.com/wp-content/uploads/2022/08/Motion-for-Divorce-Template.docx here's a template]): This is where you ask the court to sign a divorce decree. </li> | ||
<li>Certificate of Service ( | <li>Certificate of Service ([https://kinglawnc.com/wp-content/uploads/2022/08/Certificate-of-Service.docx here's a template]): This is where you promise you sent a copy of the motion and associated documents to your spouse.</li> | ||
<li>Judgment for Absolute Divorce by Clerk ( | <li>Judgment for Absolute Divorce by Clerk ([https://www.nccourts.gov/assets/documents/forms/cv710-en.pdf?VersionId=6oIyqdgLdFY3sl_QN_ike8ji_vrTHuJe 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.</li> | ||
<li>Judgment for Absolute Divorce by Judge ( | <li>Judgment for Absolute Divorce by Judge ([https://kinglawnc.com/wp-content/uploads/2022/08/Template-Order-for-Divorce-by-Judge.docx 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.</li> | ||
<li>Notice of Hearing ( | <li>Notice of Hearing ([https://www.nccourts.gov/assets/documents/forms/g180-en.pdf?VersionId=GPGL30Gr3xKSE3zhIqlSSXTFJf.OZCRZ form G-130]): This notifies your spouse of the date, time, and location of the hearing before a judge.</li> | ||
<li>Certificate of Divorce ( | <li>Certificate of Divorce ([https://www.nccourts.gov/assets/documents/forms/cv711%5B8.5x11%5D_0.pdf?VersionId=k7Cv64OGlTxC8P7PlvHJTk1oDIykkIB5 form DHHS 2089]): This is used to update public records.</li> | ||
<li>Another Certificate of Service: Promising a copy of the signed divorce decree was mailed to your spouse.</li></ul> | <li>Another Certificate of Service: Promising a copy of the signed divorce decree was mailed to your spouse.</li></ul> | ||
Latest revision as of 02:19, 8 January 2023
| Simple Divorce | |
| Statute: | § 50-10(e) |
| Description | A divorce decree legally ends the marriage, altering a variety of legal rights. |
| Takeaway | The spouses have to live in separate buildings for one year before filing. |
A divorce decree legally ends a marriage. This allows the spouses to remarry. It also severs a variety of rights related to the marriage and divorce, such as inheritance rights. The spouses must be living in separate buildings for one year before either can file for divorce. There are three steps to getting a divorce decree: (1) divorce filings (2) service of process and (3) motion for divorce.
Criteria
The following criteria should be met before filing for divorce in North Carolina:
- Separation: For at least one year (a) the spouses have been living in separate buildings and (b) at least one spouse intended to permanently end the relationship.[1]
- Jurisdiction: At least one spouse has been living in North Carolina for at least six months.
- Equitable Distribution: Any equitable distribution claims you want to pursue have to be filed before the court signs a divorce decree.
Steps
Generally, getting a divorce involves three main steps:
- Divorce Filings: a stack of documents that start a lawsuit for divorce when filed with the court
- Service of Process: a strict process for proving you provided the divorce filings to the spouse
- Motion for Divorce: a stack of documents that ask the court to sign your divorce decree and update public records
The Paperwork
The following is a list of legal documents related to getting a divorce decree:
Divorce Filings
- 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.
Service of Process
- 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.
Motion for Divorce
- 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.
Legal Effect
A divorce decree signed by the court:
- Allows the spouses to remarry
- Severs any new claims for equitable distribution of [Postseparation Support|postseparation support]]
- Discontinues other marital rights, such as those related to inheritance
See Also
- Blog post summary of the divorce decree process
- In-Depth PDF Guide to DIY Divorce Decree in Durham County
- In-Depth PDF Guide to DIY Divorce Decree in Wake County
Contact an Attorney
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322