This packet provides information, steps, and forms for getting an absolute divorce in Wake County North Carolina.
YOU MUST BE SEPARATED FOR AT LEAST ONE YEAR AND ONE DAY BEFORE YOU SIGN YOUR COMPLIANT BEFORE A NOTARY.
- Bring completed Complaint with the Verification, the Summons, the Judgments, and Notice of Assignment (if you are using service by Sheriff's Office on the Defendant) to the Clerk's Office.
- There is a $255.00 filing fee and a $30.00 service fee upon filing.
- If you do not utilize service by Sheriff's Office on the Defendant, you MUST file the appropriate proof of service documents prior tp the hearing. See Rule 4 and Proff of Service Instructions.
- After you have obtained service on the Defendant, you will be able to select a hearing date for your divorce. You will be provided three copies of the Notice of Hearing, one of which must be delivered to your spouse.
- If your spouse is currently incarcerated, you must follow the procedure to have your divorce entered by the Clerk. Please inform the Clerk's Office and they will assist you wit the proper information.
- You must bring three (3) copies of the Judgment with the file number indicated on each to your divorce hearing.
- For futher information on the requirements for an absolute divorce, contents of a divorce Complaint, or Service of a Summons and Compliant, refer to North Carolina General Statutes § 50-6, § 50-8 and 1A-1 - Rule 4 of the Rules of Civil Procedure OR CONSULT AN ATTORNEY.