Difference between revisions of "Starting a Lawsuit"
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Once all of the applicable above documents are prepared, completed, signed, notarized, etc., you'll need to make at least two copies of the original and bring all three stacks to the clerk's office at the courthouse. The clerk will stamp all three stacks. The originals are for the court to keep. One copy is for service of process on your spouse. The third copy is for your records. You'll need to pay court fees of $225, or $235 if you are returning to your maiden name. | Once all of the applicable above documents are prepared, completed, signed, notarized, etc., you'll need to make at least two copies of the original and bring all three stacks to the clerk's office at the courthouse. The clerk will stamp all three stacks. The originals are for the court to keep. One copy is for service of process on your spouse. The third copy is for your records. You'll need to pay court fees of $225, or $235 if you are returning to your maiden name. | ||
The next step is service of process. | The next step is service of process. Service of process is intended to put your spouse on notice of the divorce lawsuit and all of the documents filed with the court. However, you can't notify your spouse using common sense methods (e.g. email). It has to be done using one of the methods prescribed by Rule 4.<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_4.html Rule 4(j)]</ref> Those methods include: | ||
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==Contact an Attorney== | ==Contact an Attorney== | ||
Revision as of 03:02, 13 October 2022
| How To: Start a Lawsuit | |
| Statutes: | Chapter 1A - Article 3 (Pleadings) Rule 4 (Service of Process). |
| Steps | (1) Prepare a stack of legal documents (2) File the documents with the court and serve them on your spouse (3) Respond to any similar documents filed by your spouse |
| Takeaway | A lawsuit involves a large number of legal documents, rules, and processes that vary depending on which county courthouse you're in and your circumstances. |
Step 1: Prepare the Documents
The first step is to prepare a stack of legal documents that need to be filed with the court. These include:
- A Domestic Civil Action Cover Sheet (Form AOC-CV-750) - This tells the court what you're filing.
- A Complaint: This is where you describe your legal claims and the facts supporting each one.
- A Verification: This is a signed/notarized document where you promise everything in the Complaint is true.
- A Summons (Form AOC-CV-100): This serves as a notice to your spouse that they have 30 days to respond.
- Servicemembers Civil Relief Act Declaration (Form AOC-G-250): This is where you promise your spouse is not in the military.
- Servicemembers Civil Relief Act Report (downloaded here): This is a report generated from a government website that proves your spouse is not in the military.
- Affidavit of Judicial Assignment: Each county courthouse has their own affidavit of judicial assignment form they use to assign a judge to your case.
- Child Support Cover Sheet (Form AOC-CV-640): Required in child support cases.
- Certification of Identity (Form AOC-CV-645): Required in child support cases.
- Affidavit as to Status of Minor Child (Form AOC-CV-609): Required in custody cases.
- Custody Mediation Documents: Many courthouses have a custody mediation form, custody intake form, notice to attend parenting orientation, or other forms required in custody cases.
- Financial Affidavit: These are used to disclose income and financial records in alimony cases. Each courthouse uses their own form, deadlines, and rules. However, most require the financial affidavit be served either with the initial filings, or very shortly afterwards.
- Notice of Financial Information Required: Each courthouse will have its own rules and forms, but many require you include that court's form that notifies your spouse of the requirement to make financial disclosures
- Other documents: The forms you need to prepare and file may differ depending on the courthouse you're in and/or your circumstances. Each county's divorce court has their own rules and forms unique to that county.
Step 2: File and Serve
Once all of the applicable above documents are prepared, completed, signed, notarized, etc., you'll need to make at least two copies of the original and bring all three stacks to the clerk's office at the courthouse. The clerk will stamp all three stacks. The originals are for the court to keep. One copy is for service of process on your spouse. The third copy is for your records. You'll need to pay court fees of $225, or $235 if you are returning to your maiden name.
The next step is service of process. Service of process is intended to put your spouse on notice of the divorce lawsuit and all of the documents filed with the court. However, you can't notify your spouse using common sense methods (e.g. email). It has to be done using one of the methods prescribed by Rule 4.[1] Those methods include:
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