You are eligible to file for divorce in North Carolina if you or spouse has lived in North Carolina for at least six months and you have been physically separated for at least one year. It is important to note that once your divorce is finalized, you will be unable to file for an equitable distribution of assets and debts, nor will you be allowed to file for spousal support. It is extremely important that you consult an attorney to protect your rights before proceeding to file for divorce on your own.
Go to the Union County Judicial Center at 400 North Main Street in Monroe, North Carolina. The Civil Filing Department is on the first floor. Ask for the Absolute Divorce Packet.
Complete the "Complaint for Divorce," "Verification," "Summons" and "Cover Sheet" documents. Make two copies of each form. The complaint and verification forms must be signed in front of a notary public.
Take the completed forms to the Civil Filing Department on the first floor of the Union County Judicial Center at 400 North Main Street in Monroe. File the forms with the court clerk. The clerk will assign you a case number. Place the case number on all of your court forms in the upper right hand corner.
Pay the 2010 filing fee of $165. Cash is the only form of payment accepted.
Serve your spouse with the complaint and summons. You can serve your spouse through certified mail. File an "Affidavit of Service" with the court when you receive the green return receipt card. You can also have the Sheriff in the county where your spouse lives personally deliver the documents to him or her. Check with the Sheriff for the appropriate Service of Process fee. Your divorce is now officially filed, and your spouse has 30 days to file a response with the court.