Judgment for Absolute Divorce Before the Clerk: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
A Judgment for Absolute Divorce Before the Clerk in Raleigh, North Carolina is a legal document issued by the Clerk of Court that officially terminates a marriage and allows the parties involved to legally dissolve their relationship. This type of judgment is specifically made available for couples who meet certain requirements and wish to proceed with an uncontested divorce. In Raleigh, there are two types of judgments for absolute divorce that can be obtained before the clerk: the "No-Fault Divorce" and the "Divorce from Bed and Board." 1. No-Fault Divorce: This type of judgment is the most common, and it is granted when both parties mutually agree to end the marriage without blaming one another for the breakdown of the relationship. In North Carolina, a no-fault divorce can be finalized after the couple has been living separate and apart for a continuous period of one year. 2. Divorce from Bed and Board: This type of judgment is less common, and it is considered a fault-based divorce. It may be sought if one spouse can prove that the other spouse has engaged in acts such as adultery, maliciously turning the other spouse out of the home, abandonment, or cruel treatment. A divorce from bed and board does not fully terminate the marriage, but it allows the aggrieved spouse to live separately from their spouse and obtain certain legal protections. To obtain a Judgment for Absolute Divorce Before the Clerk in Raleigh, certain documents and steps are required. The following information outlines the process: 1. Filing a Complaint: The first step involves filing a properly completed Complaint for Absolute Divorce with the Clerk's Office. This complaint should include the necessary information about each party, the grounds for divorce, and any relevant supporting documents or exhibits. 2. Service and Waiting Period: Once the Complaint is filed, the serving party must ensure that the other spouse is properly served with a copy. Following service, there is a mandatory waiting period of 30 days before the divorce can be finalized. 3. Affidavit of Service: After the waiting period, the serving party must file an Affidavit of Service with the Clerk's Office to confirm that the other spouse has been properly served. 4. Judgment and Divorce Decree: Once all the required documentation has been filed and reviewed by the Clerk, a Judgment for Absolute Divorce will be entered. This judgment officially ends the marriage and grants the parties the legal right to remarry if desired. It is important to note that while obtaining a Judgment for Absolute Divorce Before the Clerk may seem straightforward, it is highly recommended seeking legal advice from a qualified family law attorney in Raleigh, North Carolina. They can provide guidance, ensure all necessary steps are followed, and help protect your rights throughout the divorce process.
