Wake County Do It Yourself Divorce Instructions

NC Do-it-Yourself Divorce: Wake County Instructions

*** Use the forms provided on this site at your own risk. ***

Once you obtain an absolute divorce you forever waive your right to have a court divide your property or award you alimony. These rights are permanently and irrevocably forfeited when you obtain a divorce without having previously filed claims for property distribution and alimony. If you have not yet completed all actions related to your alimony claim or property distribution claim you should not do your own absolute divorce. The Do-It-Yourself divorce does not resolve your alimony and property distribution claims. It is used only to obtain a divorce, not to resolve financial issues. The Do-It-Yourself divorce does not resolve child custody or child support issues. Have an attorney help you. You should NOT complete a Do-It-Yourself divorce unless you fully understand the impact of the divorce on your alimony and property distribution claims. Remember, the forms and procedures outlined on this site may not necessarily apply to your situation. Be sure you understand the rights you may lose if you complete a Do-It-Yourself divorce. Please contact an attorney if you do not understand the Do-It-Yourself divorce, or if you have any questions about of the issues involved in divorce.

1. Where do I go to obtain Do-It- Yourself (self-help) divorce forms if I plan to file in Wake County?
To obtain copies of the forms required to complete the Wake County Do-It-Yourself (self-help) Divorce, you may download the forms from this site or you may go to the Wake County Courthouse located at 316 Fayetteville Street Mall in Raleigh, North Carolina 27602. The forms can be obtained from the Clerk of Superior Court’s office located on the eleventh floor of the building. Ask one of the clerk’s for the Self-Help Divorce Kit. The cost of the kit is $4.50. The phone number for the Wake County Clerk of Court’s office is (919) 755-4105.

2. What will I receive in the Wake County Do-It-Yourself (self-help) kit?
In the Wake County kit you will receive a directions sheet, a sample COMPLAINT, a sample VERIFICATION, a sample JUDGMENT, three copies of a CIVIL SUMMONS, and a NOTICE OF ASSIGNMENT CARD. You will be required to retype the COMPLAINT, VERIFICATION, and JUDGMENT. If you have Microsoft Word you can use the forms provided on our site, instead of retyping the COMPLAINT, VERIFICATION, and JUDGMENT. You will fill in the appropriate blanks on each form by clicking on the gray box once and typing in your information. You may also download the Adobe Acrobat versions of the CIVIL SUMMONS and the DOMESTIC CIVIL ACTION COVER SHEET. When you are finished with the process, you will have an original and (2) two copies of each of the COMPLAINT, VERIFICATION, JUDGMENT, and CIVIL SUMMONS. You will also have (1) one copy of the DOMESTIC CIVIL ACTION COVER SHEET.

3. What do I do after I have filled out the divorce forms for Wake County?
After you have filled out all of the forms, you may go to the Wake County Courthouse located at 316 Fayetteville Street Mall in Raleigh, North Carolina 27602. The forms must be filed in the Clerk of Superior Court’s office located on the first floor of the building. Get in the line for filing (third clerk from the right). The clerk will walk you through the filing process. If you have used the forms from our site, you will need to ask the clerk for a NOTICE OF ASSIGNMENT CARD. This card must be filled out to complete the filing process. Directions for filling out the NOTICE OF ASSIGNMENT CARD.

4. What does it cost to have the summons and complaint served by the Wake County Sheriff and how can I pay the fees?
The cost to serve a summons and complaint by Sheriff in Wake County is $15.00. Be sure that you have cash, a money order, or a certified check written to the Wake County Sheriff’s Department for the amount of $15.00 when you file your forms in Wake County. The Clerk of Court’s office will take your summons and complaint to the Sheriff’s office.

5. What is the cost of filing for divorce in Wake County and how can I pay the fees?
The cost of filing for divorce in Wake County is $168.00. You will need cash, a money order, or a certified check written to Wake County Clerk of Court for the amount of $167.00 when you take your papers to file with the Clerk of Court.

6. What do I do with the NOTICE OF HEARING form given to me by the Clerk of Court in Wake County?
When you file with the Clerk of Court you will receive a NOTICE OF HEARING.

6a. Directions for NOTICE OF DIVORCE HEARING :
1. When you receive your copy of the NOTICE OF ASSIGNMENT CARD in the mail, look on it for the date that the CIVIL SUMMONS was served. (This date will appear in the left column in the section marked Date served.)

2. After you determine the date the summons was served, count 30 calendar days after that date.

3. If 30 days after the summons was served on your spouse is on a weekend or a holiday, you will have to wait an extra week to go to court to complete your divorce. If 30 days after the summons was served is a weekday, your hearing will take place on the Friday after that 30th day. All Do-It-Yourself (self-help) divorce hearings take place on Fridays in Wake County.

4. Once you have determined the date of your hearing (be sure it is a Friday), write it in blank #7 at the bottom of the NOTICE OF DIVORCE HEARING. This is the Date requested for divorce hearing.

5. Fill in the other blanks at the bottom of the NOTICE OF DIVORCE HEARING.

a. In blank #1 fill in your File #. This can be found on the top right side of your copy of the COMPLAINT that was filed with the Clerk of Court, underneath the section saying IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION.

b. In blank #2 fill in the Plaintiff’s name (your name as it appears on the COMPLAINT).

c. In blank #3 fill in the Defendant’s name (your spouse’s name as it appears on the COMPLAINT).

d. Write N/A in blanks #4 and #5 because you are not using attorneys to file your divorce.

e. In blank #6 place a check mark next to the letter b) non-jury divorce only: (this is the type of hearing you are having for your divorce)

f. In blank #7, if you have not already written in the date you determined using the steps above, write that date in. (the date will be the first Friday following the 30 days after the summons was served on your spouse)

g. In blank #8, write yes. You must send a copy of the completed NOTICE OF DIVORCE HEARING to your spouse (the Defendant). When you answer yes to the question in blank #8, you are saying that you have sent a copy to your spouse. Remember, you MUST send a copy to your spouse.

6. After you have filled out the NOTICE OF DIVORCE HEARING form, mail a copy of the form to your spouse (the Defendant) and mail the original to: Domestic Court, Wake County Courthouse, P.O. Box 351, Raleigh, NC 27602.

7. How do I complete the divorce process in Wake County?
To complete the divorce process, go to Courtroom 8C, on the eighth floor of the Wake County Courthouse located at 316 Fayetteville Street Mall, Raleigh, North Carolina 27602 by 9 AM on the Friday that you wrote in blank #7 of your NOTICE OF DIVORCE HEARING form. Be sure to bring with you, (3) three copies of the JUDGMENT, and (1) one copy of the CERTIFICATE OF ABSOLUTE DIVORCE. Follow the courtroom procedure and your divorce will be completed.