What typically happens if I go to court to obtain my divorce myself?

In non-summary judgment divorces, the court will typically call the case for trial and the plaintiff (and counsel for the plaintiff, if the party is represented) will come forward.

Usually the defendant and his or her attorney are not present.

The plaintiff will be sworn and placed upon the witness stand. Counsel for the plaintiff requests permission to approach the bench and hands up the divorce judgment and the appropriate number of copies. Counsel then returns to counsel table and conducts direct examination.

In North Carolina, lawyers are required to stay seated while asking questions that do not require the lawyer to show some document to the witness.

The following questions are used in the standard direct examination of a person seeking a divorce:

  • Are you Mary J. Doe, the plaintiff in this action?
  • Are you married to John P. Doe, the defendant?
  • Three children were born of the marriage between you and the defendant, is that correct?
  • The children are Sallie Doe, born August 16, 1984, William Doe, born September 21, 1985 and John P. Doe, Jr., born October 31, 1987, is that correct?
  • Were you a resident of North Carolina for at least six months prior to the filing of this action?
  • You separated from the defendant on April 15, 1989 with the intention to remain separate and apart, correct?
  • Have you, in fact, remained apart?
  • Do you want the court to grant you a divorce?

Generally, the judge will not have any questions and, assuming that the hearing is uncontested, will allow the witness to step down.

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