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North Carolina No-Fault Divorce
Minor Children--Uncontested Divorce

About this Form:  This is a no-fault divorce form for the State of North Carolina (COMPLAINT FOR DIVORCE). Most courts will require that this form be completed along with a Marital Settlement Agreement (Minor Children). Please note that in Paragraph 5 (Grounds for Divorce), the Plaintiff will need to specify actual grounds for divorce that are recognized as valid in the State of North Carolina. North Carolina law adheres only the following grounds as adequate for granting a no-fault divorce: Living separate and apart without cohabitation for one year.

COMPLAINT FOR DIVORCE

IN THE GENERAL COURT OF JUSTICE, ____________________ DIVISION, NORTH CAROLINA, _________________ COUNTY

In re: the Marriage of

________________________
Plaintiff

and

________________________
Defendant

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__________________
Docket No.

The Plaintiff, ________________, respectfully declares the following:
 
1. Plaintiff's  Residence:  Plaintiff resides at ___________________ [insert Plaintiff's address] and has been a resident of the State of North Carolina for _____ [insert period of residence in months and years].

2. Defendant's  Residence:  Defendant resides at ___________________ [insert Defendant's address] and has been a resident of the State of North Carolina for ____ [insert period of residence in months and years].

3. Marriage:  On ___________, _____, in  __________ (city), ___________ (county), _______________ (state), the Plaintiff and Defendant married. An official copy of the marriage license is attached to this COMPLAINT FOR DISSOLUTION OF MARRIAGE.

4. Children:  Plaintiff and Defendant have the following children born or adopted into their marriage:

Name: __________________ Date of Birth: _____________
Name: __________________ Date of Birth: _____________
Name: __________________ Date of Birth: _____________
Name: __________________ Date of Birth: _____________

5. Jurisdiction:  This Court is that of proper jurisdiction to hear this cause. The Defendant has agreed to file an Affidavit of Consent in this cause.  Neither the Plaintiff or Defendant has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

6. Grounds for No-Fault:  Plaintiff wishes a dissolution of marriage with Defendant based on the following grounds:
______________________________________________
______________________________________________
______________________________________________
______________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of North Carolina. Sufficient basis for a no-fault divorce within North Carolina is limited to the following: Living separate and apart without cohabitation for one year.

7. Marital Settlement Agreement:  Plaintiff and Defendant ___________ have (copy attached) ___________ have not entered into a Marital Settlement Agreement that formalizes an allocation of their property and finances and matters relating to child custody and visitation.

8. Other Declarations:
____________________________________________
____________________________________________
____________________________________________

NOW, THEREFORE, Plaintiff requests that the court order a DECREE OF DIVORCE and such further relief as Plaintiff may have requested herein.
 

Verification

I, _______________________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing COMPLAINT FOR DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.
 

______________________ _________________
Petitioner's Signature Date


________________________________
Petitioner's Address, Line 1

________________________________
Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of _______ 20_____.
 
 
_____________________
Notary

 

AFFIDAVIT OF CONSENT

IN THE GENERAL COURT OF JUSTICE, ____________________ DIVISION, NORTH CAROLINA, _________________ COUNTY

In re: the Marriage of

_____________________
Plaintiff

and

_____________________
Defendant

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__________
Docket No.

1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the _________ day of __, 20____.

2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed.

3. I, ____________, have received a copy of the COMPLAINT FOR DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the COMPLAINT FOR DIVORCE.

4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DISSOLUTION OF MARRIAGE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.

5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.

 

__________________________ _________________
Signature Date


________________________________
Address, Line 1

________________________________
Address, Line 2


STATE OF NORTH CAROLINA
COUNTY OF ________________

Subscribed and sworn to before me on this ____ day of ___________, 20___.
 
 
_______________________
Notary