Filing Divorce Papers in North Carolina Without Paying Court Costs

By Elizabeth Stock

Filing for divorce can be expensive, forcing you to stay in an unhappy marriage if money is tight. However, if you cannot afford to pay the filing fee associated with filing for divorce in North Carolina, you can ask the court to waive the fees based upon your financial situation. Unfortunately, obtaining a waiver of the filing fee does not relieve you of the cost of any legal assistance you may require.

Filing for Divorce

To file for divorce in North Carolina, you or your spouse must live in North Carolina for at least six months prior to filing and you and your spouse must live separately for a minimum of one year. You must select a ground, or reason, for your divorce. In North Carolina, there are only two grounds for divorce: (1) separation for one year, or (2) incurable insanity and separation for three years.

Waiving Filing Fee

If you meet financial requirements, they court can waive the filing fee. To apply for the fee waiver, you must complete a Petition to Sue as an Indigent, have it notarized, and present it to the court clerk when filing your divorce complaint. The form will ask you to provide information about your income to help the court clerk determine if you are eligible for a fee waiver. If your petition is approved, you can file for divorce without paying the filing fee.

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Divorce Forms

Your divorce filing in North Carolina must include a complaint, a summons, and a Domestic Civil Action Cover Sheet along with the fee-waiver petition if applicable. The divorce complaint includes your request for a divorce, the grounds for the request, and information about you and your spouse. The summons must accompany the complaint and include information for your spouse about how to file an answer to your complaint. Some claims must be raised in the complaint or they will be waived. For example, while child support, custody, alimony and the distribution of property do not need to be decided prior to the finalization of the divorce in North Carolina, claims to alimony and equitable distribution must be raised prior to the finalization of the divorce to retain the right to discuss those issues later.

Service of Process

After you file all documents with the court, you must serve your spouse with a copy of the paperwork. You can ask the sheriff in your spouse’s county to personally hand-deliver the documents to your spouse. After your spouse receives the paperwork, he has 30 days to file an answer. If your spouse does not respond to the divorce complaint, you may be able to obtain a divorce by default. In some North Carolina counties, it may not be necessary for you to attend a hearing in order for the court to finalize the divorce. However, you should contact the court clerk to determine the steps necessary for you to obtain a divorce in your county.

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How to File for Divorce With No Money


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My Spouse Wants a Divorce But I Don't: Do I Still Have to Pay for the Paperwork Fees?

Each state creates its own divorce laws and procedures. Thus, the exact rules and process for dissolving a marriage will be different in each jurisdiction. Generally, however, it is the petitioner, or party filing for divorce, who is responsible for paying court filing fees. Thus, if you receive divorce papers and respond to them, you may not be responsible for any court fees. In certain circumstances, however, you may incur some fees even though you do not agree to the divorce.

How to Get Free Divorce Papers

An uncontested divorce is one is which both partners agree on all of the aspects of the divorce, such as the grounds for divorce, settlement arrangements and custody agreements. You may be able to complete an uncontested divorce without an attorney to save on legal fees. To begin an uncontested divorce, one partner needs to fill out the Petition of Divorce and other forms. The first step is to get free copies of these forms.

How to Obtain a Divorce in North Carolina

If you wish to obtain a divorce in North Carolina, you can hire an attorney to handle the process for you or you can file on your own. If you opt to represent yourself in divorce proceedings, you will be known as a "pro se" litigant. You file divorce papers in the North Carolina county where you reside. Because specific rules for filing can vary from county to county, North Carolina State University suggests that you contact your county's clerk of court before you proceed with a divorce action.

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