North Carolina Uncontested Absolute Divorce Complaint + Judgment Filing Packet

NORTH CAROLINA UNCONTESTED ABSOLUTE DIVORCE — FILING PACKET

PACKET CONTENTS

TAB 1 — RESIDENCY, SEPARATION, AND CLAIMS-PRESERVATION CHECKLIST

Plaintiff: [____________________________________________]
Defendant: [____________________________________________]
In the General Court of Justice, District Court Division, [_______________________] County, North Carolina
File No.: [__________________________]

Residency (N.C.G.S. § 50-8)

☐ Plaintiff OR Defendant has been a resident of North Carolina for six (6) months immediately preceding the filing of this Complaint.
☐ Date NC residency commenced: [__/__/____]

Separation Requirement (N.C.G.S. § 50-6)

☐ The parties have lived separate and apart continuously for a period of one (1) year and a day immediately preceding the filing of this Complaint.
☐ Date of separation: [__/__/____]
☐ At least one party intended the separation be permanent at the time it began.
☐ The parties have lived in separate residences during the entire one-year period.
☐ Any isolated incidents of sexual intercourse have not tolled the separation period (N.C.G.S. § 52-10.2).
☐ There has been NO resumption of the marital relationship.

Claims-Preservation Checklist (CRITICAL — N.C.G.S. §§ 50-11(e), 50-21)

☐ All equitable distribution and alimony issues have been resolved by an executed, notarized Separation Agreement signed by both parties BEFORE filing — OR —
☐ Plaintiff asserts and preserves the following claims in the Complaint to survive entry of the divorce judgment:
☐ Equitable Distribution (§ 50-20)
☐ Alimony / Post-Separation Support (§ 50-16.1A et seq.)
☐ Child Custody (§ 50-13.1)
☐ Child Support (§ 50-13.4)
☐ Plaintiff has confirmed that no preserved claim is waived by entry of the divorce judgment.

Servicemember Status

☐ Defendant is NOT on active duty in the U.S. armed forces — OR — ☐ Defendant IS on active duty and SCRA protections apply; SCRA Affidavit (AOC-CV-720) is filed.

TAB 2 — CIVIL ACTION COVER SHEET (AOC-CV-751 / 300)

Domestic Relations case type — Absolute Divorce. Identify all related domestic cases between the parties.

TAB 3 — CIVIL SUMMONS (AOC-CV-100)

Issued by the Clerk of Superior Court to Defendant. Defendant has 30 days from service to answer or move; otherwise judgment by default may be entered. Summons must be served within 60 days of issuance or alias/pluries summons must issue.

TAB 4 — COMPLAINT FOR ABSOLUTE DIVORCE

STATE OF NORTH CAROLINA
[_______________________] COUNTY
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
File No.: [__________________________]

VERIFIED COMPLAINT FOR ABSOLUTE DIVORCE

The Plaintiff, complaining of the Defendant, alleges and states:

1. Plaintiff is a citizen and resident of [_______________________] County, North Carolina, residing at [____________________________________________], and has resided in the State of North Carolina for more than six (6) months immediately preceding the filing of this Complaint.

2. Defendant is, upon information and belief, a citizen and resident of [_______________________] County, [State], residing at [____________________________________________].

3. Marriage. Plaintiff and Defendant were lawfully married on [__/__/____], in [_______________________] (city, state/country), and continued to live together as husband and wife until [__/__/____].

4. Separation. Plaintiff and Defendant have lived separate and apart from one another continuously since [__/__/____], a period in excess of one (1) year immediately preceding the filing of this Complaint. At the time the separation began, at least one of the parties intended the separation be permanent.

5. No Resumption. There has been no resumption of the marital relationship between the parties as defined in N.C.G.S. § 52-10.2, and any isolated incident has not tolled the running of the statutory separation period.

6. Children. ☐ There are no minor children born of or adopted during the marriage and Defendant is not now pregnant. ☐ The following minor child(ren) were born of or adopted during the marriage:

7. SSN (where minor children). The last four digits of Plaintiff's SSN are [____]; Defendant's, upon information and belief, are [____].

8. UCCJEA (if children). North Carolina is the home state of the minor child(ren).

9. Servicemember. Upon information and belief, Defendant is not a member of the active armed forces of the United States entitled to relief under the Servicemembers Civil Relief Act. [If applicable, see SCRA Affidavit at Tab 12.]

10. Claims Preservation (select as applicable).
☐ The parties have resolved all property and support claims through a written, notarized Separation Agreement dated [__/__/____].
☐ Plaintiff hereby asserts and preserves a claim for Equitable Distribution under N.C.G.S. § 50-20.
☐ Plaintiff hereby asserts and preserves a claim for Alimony / Post-Separation Support under N.C.G.S. § 50-16.1A et seq.
☐ Plaintiff hereby asserts and preserves claims for Child Custody and Child Support under N.C.G.S. §§ 50-13.1 and 50-13.4.

WHEREFORE, Plaintiff prays the Court:

A. That Plaintiff be granted an Absolute Divorce from Defendant on the ground of one-year separation pursuant to N.C.G.S. § 50-6;
B. That Plaintiff's former name of [_____________________________] be restored, pursuant to N.C.G.S. § 50-12 (if requested);
C. That any preserved claims above proceed in this action or be reserved for separate determination;
D. For such other and further relief as the Court deems just and proper.

This [__] day of [_____________], 20[__].

___________________________________
[PLAINTIFF / ATTORNEY SIGNATURE]
N.C. State Bar No.: [__________] (if attorney)
[Firm / Address / Phone / Email]

VERIFICATION (Rule 11)

STATE OF NORTH CAROLINA, COUNTY OF [______________]

[PLAINTIFF NAME], being first duly sworn, deposes and says: I am the Plaintiff in the above-captioned action; I have read the foregoing Complaint for Absolute Divorce; and the facts stated therein are true of my own knowledge except those matters stated upon information and belief, and as to those, I believe them to be true.

___________________________________
[PLAINTIFF SIGNATURE]

Sworn to and subscribed before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public — State of North Carolina
My commission expires: [__/__/____]

TAB 5 — SEPARATION AGREEMENT (Pre-Filing — Recommended)

This SEPARATION AGREEMENT was executed by the parties on [__/__/____], prior to the filing of this divorce action. The Agreement is a private contract under N.C. law, must be in writing, signed by both parties, and notarized (N.C.G.S. § 52-10).

Topics typically resolved:

___________________________________ ___________________________________
[PLAINTIFF] [DEFENDANT]
Date: [__/__/____] Date: [__/__/____]

Acknowledged before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public

TAB 6 — ACCEPTANCE OF SERVICE / AFFIDAVIT OF SERVICE (AOC-CV-104)

Required when Defendant accepts service personally in lieu of formal service, OR when private process server, sheriff, or certified-mail return has been completed.

TAB 7 — DEFENDANT'S ANSWER / WAIVER / ACCEPTANCE OF SERVICE

I, [DEFENDANT NAME], hereby:
☐ Accept service of the Complaint and Summons; waive further service under Rule 4.
☐ Submit to the jurisdiction of this Court.
☐ Admit the allegations of paragraphs 1 through 6 (and 8, if applicable) of the Complaint.
☐ Do not contest entry of a Judgment of Absolute Divorce.
☐ Waive my right to file an Answer, to attend the hearing, and to receive further notice.
☐ Acknowledge that the executed Separation Agreement disposes of all property and support claims.

___________________________________
[DEFENDANT SIGNATURE]
Date: [__/__/____]

Sworn to and subscribed before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public

TAB 8 — NOTICE OF HEARING (AOC-CV-200)

Issued by Plaintiff after the 30-day answer period expires. North Carolina permits absolute divorce by motion for summary judgment without live testimony in nearly all uncontested cases.

TAB 9 — AFFIDAVIT OF PLAINTIFF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

I, [PLAINTIFF NAME], being first duly sworn, depose and say:

1. I am the Plaintiff in this action and have personal knowledge of the matters stated herein.
2. I have been a resident of the State of North Carolina for more than six (6) months immediately preceding the filing of the Complaint.
3. Defendant and I were married on [__/__/____].
4. The parties separated on [__/__/____], have lived continuously in separate residences since that date — a period of more than one (1) year and one (1) day — and at least one of us intended the separation be permanent at that time.
5. There has been no resumption of the marital relationship as defined in N.C.G.S. § 52-10.2.
6. Defendant is not a member of the active armed forces entitled to relief under the SCRA. [Or: SCRA Affidavit at Tab 12 supports this assertion.]
7. There is no genuine issue of material fact, and Plaintiff is entitled to judgment as a matter of law granting an Absolute Divorce.

___________________________________
[PLAINTIFF SIGNATURE]

Sworn to and subscribed before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public

TAB 10 — MOTION FOR SUMMARY JUDGMENT

Plaintiff moves pursuant to Rule 56 of the North Carolina Rules of Civil Procedure for summary judgment granting an Absolute Divorce on the ground of one-year separation, and in support shows that there is no genuine issue of material fact and Plaintiff is entitled to judgment as a matter of law.

___________________________________
[PLAINTIFF / ATTORNEY SIGNATURE]
Date: [__/__/____]

TAB 11 — JUDGMENT OF ABSOLUTE DIVORCE

THIS CAUSE came on for hearing before the undersigned District Court Judge upon Plaintiff's Motion for Summary Judgment in an action for Absolute Divorce. Based upon the pleadings, Plaintiff's verified Complaint, Plaintiff's Affidavit, the SCRA Affidavit (if applicable), and the record:

THE COURT FINDS AS FACT AND CONCLUDES AS A MATTER OF LAW:

1. The Court has personal jurisdiction over the parties and subject-matter jurisdiction over the action.
2. Plaintiff/Defendant has been a resident of North Carolina for more than six (6) months immediately preceding the filing of the Complaint.
3. The parties were married on [__/__/____].
4. The parties have lived separate and apart continuously since [__/__/____], a period in excess of one year, with at least one party intending the separation be permanent.
5. There has been no resumption of the marital relationship.
6. Defendant is not entitled to relief under the SCRA.
7. There is no genuine issue of material fact, and Plaintiff is entitled to judgment as a matter of law.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The bonds of matrimony heretofore existing between Plaintiff and Defendant are DISSOLVED and the parties are GRANTED an ABSOLUTE DIVORCE.
B. Plaintiff's former name of [_____________________________] is RESTORED pursuant to N.C.G.S. § 50-12 (if requested).
C. Any claims for equitable distribution, alimony, post-separation support, child custody, and child support that have been preserved survive entry of this Judgment and proceed as scheduled — or — are resolved by the parties' Separation Agreement, which survives as a contract.
D. Costs are taxed against [_______________].

This the [__] day of [_____________], 20[__].

___________________________________
DISTRICT COURT JUDGE PRESIDING

TAB 12 — SERVICEMEMBERS CIVIL RELIEF ACT AFFIDAVIT (AOC-CV-720)

Required in any uncontested matter where the Defendant has not appeared, before judgment may be entered. Confirms Defendant's military status checked through the DMDC database.

FILING PROCEDURE AND FEES

Fee Waiver: Petition to Sue/Appeal/Defend as Indigent (AOC-G-106) if applicable.

SOURCES AND REFERENCES

• N.C.G.S. § 50-6 — https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html
• N.C.G.S. § 50-8, § 50-11, § 50-12, § 50-20, § 50-21
• North Carolina Judicial Branch — Separation and Divorce — https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
• AOC Forms — https://www.nccourts.gov/documents/forms
• Guide & File for Absolute Divorce — NC Courts self-help portal
• N.C. Child Support Guidelines (AOC-A-162)