This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Forms to file for divorce may be obtained from the SelfServe Center, located on the third floor of the Mecklenburg County Courthouse. Yes, your divorce forms are not complete until you fill-in all the blanks requesting information.
Steps to Getting Divorced in North Carolina Separate Before Filing for Divorce. To be eligible for a legal divorce in North Carolina, a married couple must first live apart for one year. Complete and submit a divorce complaint. Serve the complaint. Waiting period. Request the hearing. Negotiate a Divorce Settlement.
Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced. Do I really need to hire an attorney? At least in Mecklenburg County, hiring a lawyer is not essential.
Forms to file for divorce may be obtained from the SelfServe Center, located on the third floor of the Mecklenburg County Courthouse.
You can contact the clerk of court in your county to find out your local small claims court limit. If you are requesting more than the limit, up to $25,000, your case must be filed in district court. If you are requesting more than $25,000, your case must be filed in superior court.
You will need to provide the following: Three copies of the complaint, stating the claim(s) and what relief is requested from the magistrate. Three copies of the Magistrate Summons. An affidavit pursuant to the Servicemembers Civil Relief Act (SCRA), telling the court whether or not the defendant is in the military.
Comply With the Relevant Federal, State, and Local Rules. Research Before Writing. Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. Jurisdiction. Draft Concise and Plain Statement of the Facts. Factual Allegations. Draft Separate Counts for Each Legal Claim. Plead Facts With Particularity Where Necessary.
A caption identifying the plaintiff and defendant, and the court in which the complaint is being filed. A brief description of the parties (e.g., their name and address). Allegations demonstrating that the court has subject matter jurisdiction, personal jurisdiction, and venue to adjudicate the claims in the complaint.
Draft your pleading on legal paper and include your identifying information and a caption that states the involved parties and case number. Draft the body with numbered paragraphs, double spacing, clear headings, and page numbers. Include a certificate of service in your submission.
In a civil case, the plaintiff must convince the jury by a “preponderance of the evidence” (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.