If you are considering getting an absolute divorce, you have probably asked the question “what do divorce papers look like?” “Divorce Papers” include the complaint or the answer to the complaint. If you have trouble identifying them, your divorce attorney in Monroe, NC may be able to help you.
An absolute divorce terminates the legal marriage relationship. It does not deal with custody, support, spousal support or property division unless those items are specifically asked for.
Note that the required information varies depending on whether you have children. The documents you sign depends on whether you are the plaintiff filing the divorce complaint or the defendant answering the divorce complaint.
The two major types of absolute divorce are the Simple Divorce without Children and the Simple Divorce with Children. Some of the forms necessary for an absolute divorce may be available from the Clerk of Court, while others may require the party or their attorney to draft them.
If your children are minors, you need to fill other forms as well. You need to complete these documents before you start the process:
- Vital Statistics Certificate
- Complaint about Dissolution of Marriage with Children
- Confidential Party and Social Security Information
- Date of divorce certification
Do not sign any papers if you don’t know what they mean. Discuss each one of them with your attorney. Each form comes with specific instructions. Your attorney should help you interpret them.
Signing Your Divorce Papers and Taking them to Court
Once you have the right documents, make at least two copies of each and keep them in a safe place. File a copy with the family court at the Clerk of Superior Court’s office. The other copy must be served on your spouse.
A complaint is typically served by the Sheriff of the County where your spouse resides. Your attorney should help you check the papers before you send them. Some of the most important paperwork includes:
- Social Security,
- Confidential Party Information;
- and the Vital Statistics Certificate.
Note that you will need to pay a filing fee, as well as a fee to cover service on your spouse.
Once you have paid the filing fee and the divorce papers are filed, the court clerk will create your divorce file and give you a case number that you is stamped on your copies.
Serve Your Spouse
It is wise to serve your spouse as soon as possible. If you wait too long, your case may be dismissed. The best way to serve your spouse is to have the Sheriff serve them, if the papers are a complaint.
If the papers are an answer, you can mail it to your spouse once filed. This way, you can be sure that they got the papers.
Once served, your spouse must respond within thirty days of receiving the Complaint, should they wish to do so. The Clerk of Superior Court will then schedule your case for hearing.
If you need the help of a family law attorney Monroe NC, consider contacting Plyler, Long & Corigliano, LLP. We will help you answer the question “what do divorce papers look like?”, along with any other concerns that you may have.
We have a team of professional and experienced family law attorneys available to address your concerns and represent you in your divorce. We have been delivering exemplary services in Union County since 1980. Contact us today and book your appointment.