Uncontested Divorce

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As the Plaintiff (the party bringing the lawsuit), you must draft and file the Complaint with the Clerk’s office. You can only do this if you have been legally separated for at least ONE YEAR and ONE DAY. At least one of the parties (Plaintiff and/or the Defendant) must have resided in North Carolina for at least 6 months prior to filing your complaint. 

Once your complaint has been filed, you must serve the Complaint and a Civil Summons on the defendant (your spouse). You can accomplish service of process several different ways. Please refer to Rule 4, of the North Carolina Rules of Civil Procedure. 

If you opt to have the Dare County Sheriff serve the Defendant, you must provide the Sheriff’s Office with a copy of the Complaint and TWO Civil Summonses. The Sheriff’s Office charges a fee of $30.00 per Defendant. Once service is accomplished, you or the Sheriff must file a return of service in the court file. Note: If the documents are not properly served on the other party, the court will not hear your case. 

The defendant has 30 days to file an Answer to your Complaint or an Acceptance of Service. Once this time has elapsed, you will get a court date from the Clerk’s Office. 

  • Complaint for Absolute Divorce This form MUST be notarized. Do not sign it until you are before a notary public. We do not provide notary services to the public. Provide ONE original and TWO copies to the Clerk’s Office.
  • Civil Summons (AOC-CV-100). Please provide ONE original and THREE copies to the Clerk’s Office. Include both pages of the Summons Form.
  • Your Court Date will be set AFTER proof of service on the Defendant is provided to the Clerk’s Office. The date will be approximately 30 days after service. Plaintiff MUST appear at divorce hearing or your case will be dismissed.
  • Testimony- make sure that all of the information stated in your Complaint is the truth to the best of your knowledge and belief
  • Certificate of Absolute Divorce (You will get form DHHS 2089/Vital Records from the courtroom clerk on the day of your hearing)

Filing Fee for Complaint for Divorce is $225.00. We DO NOT accept personal checks. 

Servicemembers Civil Relief Act Affidavit — Please prepare this Affidavit and file it along with all civil pleadings to verify military status of each of your defendants or respondents. A judgment may NOT be entered in any civil case in which the defendant/respondent has not made an appearance until this Affidavit has been completed and filed with the Clerk’s office.