How To File A Divorce Complaint

Steps For Filling A Divorce Complaint in Wilmington, NC

Step One of Filing for Divorce in Wilmington, NC: The Preparation 

When filing for a divorce in Wilmington, NC, there are several things that we must bring along to the courthouse. First of all, aside from the original complaint, we should have at least two verified copies. Furthermore, we must have the necessary amount of money to pay the fee for filing a civil district action. At the moment, the fee is $50.00 in NC. We can pay it with cash, a money order or a certified check. 
The standard forms used in every county of North Carolina are the summons. Therefore, we will need to obtain three of them. Namely, we will need two white and one yellow-colored summons. Depending on what we find more convenient, we could either obtain the forms prior to filing the complaint or obtain and complete them on the spot. 
In any case, we should know that a summons contains the following:
    • State
    • County
    • Court level
    • File number
    • The names of the parties and their addresses 
Along with these captions, a summons always contains standard language that notifies the defendant of two things:
    1. A complaint has been filed against them.
    2. The 30-day period to respond has started the moment they have received the summons. 
We need to ensure that we use the defendant’s address at which we are sure the server can reach them. Therefore, it would be best to include their home or work address. 

Step Two of Filing for Divorce in Wilmington, NC: Obtaining a Case Number

Once we have prepared our paperwork, we will proceed to take it to the courthouse. There, a courthouse clerk will help us organize and register it under a number. That way, our divorce action will be officially filed and motioned into action. 

Step Three of Filing for Divorce in Wilmington, NC: Delivering the Complaint and the Summons 

When filing for a divorce in Wilmington, NC, we must keep in mind that the process of delivering the documents is not a simple one. In fact, there are four ways it can be done. The processes differ, and they may seem confusing, but it is important that we understand them all. 

In the vast majority of cases, the plaintiff has to choose only one method. That fact, however, should not alarm us at all. Regardless of the delivery method we choose, the principle is the same. The defendant will still receive the paperwork, and there will be a form documenting how they had been served. 
However, it is wise to note that the defendant cannot receive the complaint via regular mail, despite it being possible with other court papers. 

The serving of the complaint occurs at the same time or within five days from the moment the defendant receives the summons. The court clerk, however, must properly date and stamp the summons when clocking them in.

Should the serving fail, the civil district action will not proceed since the court will be unable to acquire personal jurisdiction over the defendant. 

Step Four of Filing for Divorce in Wilmington, NC: Filing the Affidavit of Service

It is of the utmost importance that we understand that filing for a divorce in Wilmington, NC does not end once our spouse has been served. On the contrary, there is yet another step that we must complete. 
Namely, after our soon-to-be-former spouse receives the summons and the complaint, it is our job to ensure that the affidavit of service goes back to the courthouse. We must make sure it finds its place in our court file.

In order for that to happen, we must double-check that the affidavit contains the same case number as our court file in its top right corner. Furthermore, we should protect ourselves from any unpleasant surprises. 
One such surprise is the clerks misfiling or entirely misplacing the affidavit. In the event of the proof of service missing from the court file, the judge will not grant the divorce. The same applies if the plaintiff is unable to provide the evidence on the day of the hearing.

If we are to ensure that something like that does not happen to us, we will obtain an additional verified copy of the affidavit. What’s more, we will make it a point to bring the copy to our divorce hearing and present it to the judge if necessary. 

Learn how to start a divorce in North Carolina

Taking The Next Step

If you are wondering how long the divorce process is going to take or how much the trial will cost you, please do not hesitate to schedule a consultation at our Wilmington Office. Our office is located at 1015 Ashes Drive, Suite 104, Wilmington. We can help you map out the details of your divorce, giving you a powerful defense. Please call to schedule a consultation.
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