Sponsored By:Sponsored By:

Legal Aid of North Carolina-MorgantonLegal Aid of North Carolina-Morganton

andand

2525thth Judicial District Family Court Judicial District Family Court

Serving Burke, Caldwell, Serving Burke, Caldwell, and Catawba Countiesand Catawba Counties

Chief District Court Judge: Chief District Court Judge: Robert M. BradyRobert M. Brady

Hickory District Court Bldg.Hickory District Court Bldg.111 Main Avenue NE111 Main Avenue NE

Hickory, NC 28601Hickory, NC 28601

FAMILY COURT FAMILY COURT LOCATIONSLOCATIONS

CATAWBACALDWELL

BURKE

IMPORTANTIMPORTANT This This informationinformation packet is designed to assist individuals who are packet is designed to assist individuals who are

not represented by an attorney (“Pro Se”) to file a complaint for an not represented by an attorney (“Pro Se”) to file a complaint for an absolute divorce and to represent themselves in a hearing before a absolute divorce and to represent themselves in a hearing before a Judge for an absolute divorce. (You cannot start the process to get Judge for an absolute divorce. (You cannot start the process to get an absolute divorce until you and your spouse have been separated an absolute divorce until you and your spouse have been separated

for at least for at least one year and one dayone year and one day.).) BEWARE: BEWARE: If you obtain an absolute divorce without first properly If you obtain an absolute divorce without first properly

filing for, or obtaining any legal rights you may have for spousal filing for, or obtaining any legal rights you may have for spousal support (lawsuits known as post-separation support and alimony), or support (lawsuits known as post-separation support and alimony), or for the division of marital property, including marital debt (a lawsuit for the division of marital property, including marital debt (a lawsuit

known as equitable distribution), known as equitable distribution), YOU WILL LOSE THESE RIGHTSYOU WILL LOSE THESE RIGHTS. . Therefore, it is very important that if you have any questions about Therefore, it is very important that if you have any questions about

whether you are entitled to property (or division of marital debt) from whether you are entitled to property (or division of marital debt) from the marriage and/or spousal support, the marriage and/or spousal support,

YOU MUST TALK TO AN ATTORNEY.YOU MUST TALK TO AN ATTORNEY. NO ONE EXCEPT AN ATTORNEY CAN ADVISE YOU ABOUT NO ONE EXCEPT AN ATTORNEY CAN ADVISE YOU ABOUT

YOUR LEGAL RIGHTS.YOUR LEGAL RIGHTS.

What is Pro Se ?What is Pro Se ?

Pro Se means representing yourself Pro Se means representing yourself in a legal action without the in a legal action without the

assistance of a lawyer or legal assistance of a lawyer or legal counsel.counsel.

GETTING STARTEDGETTING STARTED

An absolute divorce (also called dissolution of An absolute divorce (also called dissolution of marriage) is a proceeding to end a legally valid marriage) is a proceeding to end a legally valid marriage. After you obtain an absolute divorce, you will marriage. After you obtain an absolute divorce, you will be single and you can remarry. be single and you can remarry. (The process to (The process to obtain your absolute divorce as described in this obtain your absolute divorce as described in this pro se packet will usually take at least 45 days to pro se packet will usually take at least 45 days to complete – it could take even longer as there are complete – it could take even longer as there are many factors that could delay the process.) many factors that could delay the process.) If you If you are sure that you want to represent yourself in are sure that you want to represent yourself in obtaining an absolute divorce, then you can use this obtaining an absolute divorce, then you can use this packet and follow the steps outlined below. If you have packet and follow the steps outlined below. If you have trouble filling out the forms, you should contact an trouble filling out the forms, you should contact an attorney for help.attorney for help.

You are Responsible for Completing

All Court Documents

Complaint for Absolute DivorceComplaint for Absolute Divorce Civil Summons (AOC-CV-100)Civil Summons (AOC-CV-100) Domestic Civil Action Cover Sheet (AOC-CV-750)Domestic Civil Action Cover Sheet (AOC-CV-750) Affidavit of Service by Mail (optional)Affidavit of Service by Mail (optional) Judgment of DivorceJudgment of Divorce Certificate of Absolute Divorce (DHHS 2089/Vital Certificate of Absolute Divorce (DHHS 2089/Vital

Records) - You will get this form from the clerk in the Records) - You will get this form from the clerk in the courtroom on the day of your divorce hearing or when courtroom on the day of your divorce hearing or when you file the action.you file the action.

Notice of Hearing - This is required only if an answer is Notice of Hearing - This is required only if an answer is filed by the Defendant.filed by the Defendant.

Drafting Your Complaint Drafting Your Complaint for Absolute Divorce for Absolute Divorce

You should complete the Complaint for You should complete the Complaint for Absolute Divorce, by typing or printing Absolute Divorce, by typing or printing the appropriate information in the blank the appropriate information in the blank spaces in the complaint.spaces in the complaint.

[ In addition to the information in your packet the Reference [ In addition to the information in your packet the Reference Department of the local library usually has on hand a copy of Department of the local library usually has on hand a copy of How to File for Divorce in North Carolina.How to File for Divorce in North Carolina. The web site The web site www.rosen.comwww.rosen.com is also very helpful.] is also very helpful.]

Completing the Civil Summons Completing the Civil Summons (AOC-CV-100)(AOC-CV-100)

You will need three copies of the Civil You will need three copies of the Civil Summons . An original (white) and two Summons . An original (white) and two copies (yellow).copies (yellow).

1. Original to Clerk for Filing1. Original to Clerk for Filing

2. Copy to be served on Defendant2. Copy to be served on Defendant

3. Copy for Attorney File/Plaintiff’s File3. Copy for Attorney File/Plaintiff’s File

Completing the Domestic Completing the Domestic Civil Action Cover Sheet Civil Action Cover Sheet

(AOC-CV-750) (AOC-CV-750) Only one copy is necessary for the clerk, Only one copy is necessary for the clerk,

you may keep a copy for yourself.you may keep a copy for yourself.

Filing Divorce Complaint Filing Divorce Complaint

1. Original to Clerk for Filing-White1. Original to Clerk for Filing-White [$144 Filing Fee – Cash, Money Order or Cashiers Check Only][$144 Filing Fee – Cash, Money Order or Cashiers Check Only]

2. Copy to be Served2. Copy to be Served

3. Copy for Attorney/Plaintiff’s File3. Copy for Attorney/Plaintiff’s File

*Note: Coversheet Must be completed in full with *Note: Coversheet Must be completed in full with names and addressesnames and addresses

Service on the DefendantService on the DefendantThis is required before the hearing takes place. This is required before the hearing takes place.

Proof of service must be filed with the Clerk Proof of service must be filed with the Clerk prior to a hearing.prior to a hearing.

*Note: 30 days for service of Complaint by the Sheriff or other *Note: 30 days for service of Complaint by the Sheriff or other means allowed under N.C.G.S. 1A-1 Rule 4.means allowed under N.C.G.S. 1A-1 Rule 4.

[ $15 Fee to Sheriff ][ $15 Fee to Sheriff ]

If no service is obtained then you must issue an Alias If no service is obtained then you must issue an Alias & Pluries Summons to be served upon the & Pluries Summons to be served upon the

Defendant.Defendant. (Complete a new AOC-CV-100 for signature by Clerk of Court (Complete a new AOC-CV-100 for signature by Clerk of Court

and attach copies of the complaint.)and attach copies of the complaint.)

Notice of HearingNotice of Hearing [ Required Only if an answer was filed][ Required Only if an answer was filed]

Obtain Court Date from Clerk and complete the formObtain Court Date from Clerk and complete the form

1. Original to Clerk for Filing1. Original to Clerk for Filing

2. Copy to be served on Defendant2. Copy to be served on Defendant

3. Copy for Attorney File/Plaintiff’s File3. Copy for Attorney File/Plaintiff’s File

Allow 10 days + 3 for mailing before a court date can be scheduledAllow 10 days + 3 for mailing before a court date can be scheduled

Judgment for Judgment for Absolute DivorceAbsolute Divorce

(Obtain Court Date from the Clerk and complete the Judgment)(Obtain Court Date from the Clerk and complete the Judgment)

1. Original to Clerk for Filing1. Original to Clerk for Filing

2. Copy to be served on Defendant2. Copy to be served on Defendant

3. Copy for Attorney File/Plaintiff’s File3. Copy for Attorney File/Plaintiff’s File

Divorce JudgmentDivorce Judgment

Don’t forget to include the Don’t forget to include the Certificate of Absolute Certificate of Absolute

Divorce or Annulment to be Divorce or Annulment to be given to the Clerk with the given to the Clerk with the Judgment. This is the form Judgment. This is the form the Clerk gives you when the Clerk gives you when you file your complaint.you file your complaint.

Divorce JudgmentDivorce Judgment

Remember to serve a Remember to serve a copy of the copy of the

SIGNED JUDGMENT SIGNED JUDGMENT on the other party on the other party after the hearing.after the hearing.

Divorce JudgmentDivorce Judgment

All divorces should be completed All divorces should be completed within 150 days of filing or the within 150 days of filing or the

Family Court Case Coordinator may Family Court Case Coordinator may schedule for final disposition on any schedule for final disposition on any

Calendar.Calendar.

Why Won’t the Family Court Why Won’t the Family Court Staff Tell Me What I Should Do?Staff Tell Me What I Should Do?

The Family Court staff did not attend law The Family Court staff did not attend law school, nor are they licensed to practice law. school, nor are they licensed to practice law.

They cannot suggest what course of action you They cannot suggest what course of action you should take, tell you what types of pleadings should take, tell you what types of pleadings you need to file, or assist you in presenting you need to file, or assist you in presenting your case. your case.

They can only provide you with legal They can only provide you with legal information on court processes, procedures, information on court processes, procedures, and the status of your case.and the status of your case.

Legal Information v. Legal AdviceLegal Information v. Legal Advice

Legal adviceLegal advice explains your legal rights, explains your legal rights, suggests what course of action to take, and the suggests what course of action to take, and the possible consequences of the lawsuit filed possible consequences of the lawsuit filed against you may be.against you may be.

Legal information Legal information is information on court is information on court procedures, due dates, deadlines for filing procedures, due dates, deadlines for filing certain documents, when hearings are certain documents, when hearings are scheduled and information that is contained in scheduled and information that is contained in public records.public records.

Do I need to file an answer if I Do I need to file an answer if I have been served with a have been served with a

complaint?complaint? If you are disputing any of the issues in a If you are disputing any of the issues in a

complaint or lawsuit filed against you, it is complaint or lawsuit filed against you, it is strongly recommended that you seek the strongly recommended that you seek the advice of an attorney.advice of an attorney.

You may need to file an answer if you disagree You may need to file an answer if you disagree with any of the allegations in the complaint or with any of the allegations in the complaint or have any issues that you would like the court to have any issues that you would like the court to address.address.

What if I have questions What if I have questions about whether or not my about whether or not my pleadings are correct or pleadings are correct or how to handle my case?how to handle my case?

Court staff cannot review your pleadings for Court staff cannot review your pleadings for completeness or accuracy. If you have concerns about completeness or accuracy. If you have concerns about whether you have prepared your pleadings correctly, whether you have prepared your pleadings correctly, we suggest you find examples of legal pleadings we suggest you find examples of legal pleadings similar to what you are trying to file.similar to what you are trying to file.

There are several books available on court forms. There are several books available on court forms. Keep in mind, these should only be used as a guide Keep in mind, these should only be used as a guide when drafting your court documents.when drafting your court documents.

Where Can I Obtain Where Can I Obtain Information on How Information on How to Represent Myself?to Represent Myself?

Information on Family Law issues or Information on Family Law issues or representing yourself in court can be representing yourself in court can be found at county libraries, bookstores, found at county libraries, bookstores, or on the Internet.or on the Internet.

Where Can I Find Where Can I Find Information on the Law?Information on the Law? Most of the laws that you would need to Most of the laws that you would need to

research regarding family issues can be found research regarding family issues can be found in Chapter 50 of the North Carolina General in Chapter 50 of the North Carolina General Statutes.Statutes.

The General Rules of Court and Civil The General Rules of Court and Civil Procedure can be found in Chapters 1 and 1A Procedure can be found in Chapters 1 and 1A of the North Carolina General Statutes.of the North Carolina General Statutes.

What Can I Expect What Can I Expect in Court?in Court?

On your court date, the judge will review the filed pleadings to see On your court date, the judge will review the filed pleadings to see if they are legally sufficient. If they are not properly written, the if they are legally sufficient. If they are not properly written, the judge judge may not may not explain what is wrong or how to correct it. In some explain what is wrong or how to correct it. In some instances, your case may be dismissed.instances, your case may be dismissed.

The judge cannot serve as your attorney and may not ask you The judge cannot serve as your attorney and may not ask you questions in order for you to testify properly. You must be questions in order for you to testify properly. You must be prepared to testify without assistance.prepared to testify without assistance.

If the judge finds that your pleadings are in order, the case may be If the judge finds that your pleadings are in order, the case may be heard then or at a later date. The plaintiff has the responsibility of heard then or at a later date. The plaintiff has the responsibility of proving the facts of the case. proving the facts of the case.

After all the evidence is presented, the judge will rule (make a After all the evidence is presented, the judge will rule (make a decision) on the facts presented.decision) on the facts presented.

How Much Will this Cost?How Much Will this Cost?

There is a filing fee for an absolute divorce of $144. All There is a filing fee for an absolute divorce of $144. All other civil filings in district court cost $89.other civil filings in district court cost $89.

Fees must be paid at the time of filing in order for your Fees must be paid at the time of filing in order for your case to processed.case to processed.

Cash, money order, or certified check are acceptable Cash, money order, or certified check are acceptable forms of payment. forms of payment.

Documents served by the Sheriff are an additional $15. Documents served by the Sheriff are an additional $15.

Filing fees are subject to legislative increases.Filing fees are subject to legislative increases.