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Sponsored By: Legal Aid of North Carolina-Morganton and 25 th Judicial District Family Court

Sponsored By: Legal Aid of North Carolina-Morganton and 25 th Judicial District Family Court. Serving Burke, Caldwell, and Catawba Counties Chief District Court Judge: Robert M. Brady Hickory District Court Bldg. 111 Main Avenue NE Hickory, NC 28601. FAMILY COURT LOCATIONS. CALDWELL.

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Sponsored By: Legal Aid of North Carolina-Morganton and 25 th Judicial District Family Court

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  1. Sponsored By:Legal Aid of North Carolina-Morgantonand25th Judicial District Family Court • Serving Burke, Caldwell, and Catawba Counties • Chief District Court Judge: Robert M. Brady • Hickory District Court Bldg. 111 Main Avenue NE Hickory, NC 28601

  2. FAMILY COURT LOCATIONS CALDWELL CATAWBA BURKE

  3. IMPORTANT • This information packet is designed to assist individuals who are not represented by an attorney (“Pro Se”) to file a complaint for an absolute divorce and to represent themselves in a hearing before a Judge for an absolute divorce. (You cannot start the process to get an absolute divorce until you and your spouse have been separated for at least one year and one day.) • BEWARE: If you obtain an absolute divorce without first properly filing for, or obtaining any legal rights you may have for spousal support (lawsuits known as post-separation support and alimony), or for the division of marital property, including marital debt (a lawsuit known as equitable distribution), YOU WILL LOSE THESE RIGHTS. Therefore, it is very important that if you have any questions about whether you are entitled to property (or division of marital debt) from the marriage and/or spousal support, YOU MUST TALK TO AN ATTORNEY. • NO ONE EXCEPT AN ATTORNEY CAN ADVISE YOU ABOUT YOUR LEGAL RIGHTS.

  4. What is Pro Se ?Pro Se means representing yourself in a legal action without the assistance of a lawyer or legal counsel.

  5. GETTING STARTED • An absolute divorce (also called dissolution of marriage) is a proceeding to end a legally valid marriage. After you obtain an absolute divorce, you will be single and you can remarry. (The process to obtain your absolute divorce as described in this pro se packet will usually take at least 45 days to complete – it could take even longer as there are many factors that could delay the process.) If you are sure that you want to represent yourself in obtaining an absolute divorce, then you can use this packet and follow the steps outlined below. If you have trouble filling out the forms, you should contact an attorney for help.

  6. You are Responsible for Completing All Court Documents • Complaint for Absolute Divorce • Civil Summons (AOC-CV-100) • Domestic Civil Action Cover Sheet (AOC-CV-750) • Affidavit of Service by Mail (optional) • Judgment of Divorce • Certificate of Absolute Divorce (DHHS 2089/Vital Records) - You will get this form from the clerk in the courtroom on the day of your divorce hearing or when you file the action. • Notice of Hearing - This is required only if an answer is filed by the Defendant.

  7. Drafting Your Complaint for Absolute Divorce • You should complete the Complaint for Absolute Divorce, by typing or printing the appropriate information in the blank spaces in the complaint. [ In addition to the information in your packet the Reference Department of the local library usually has on hand a copy of How to File for Divorce in North Carolina. The web site www.rosen.com is also very helpful.]

  8. Completing the Civil Summons (AOC-CV-100) • You will need three copies of the Civil Summons . An original (white) and two copies (yellow). 1. Original to Clerk for Filing 2. Copy to be served on Defendant 3. Copy for Attorney File/Plaintiff’s File

  9. Completing the Domestic Civil Action Cover Sheet (AOC-CV-750) • Only one copy is necessary for the clerk, you may keep a copy for yourself.

  10. Filing Divorce Complaint 1. Original to Clerk for Filing-White [$144 Filing Fee – Cash, Money Order or Cashiers Check Only] 2. Copy to be Served 3. Copy for Attorney/Plaintiff’s File *Note: Coversheet Must be completed in full with names and addresses

  11. Service on the Defendant This is required before the hearing takes place. Proof of service must be filed with the Clerk prior to a hearing. *Note: 30 days for service of Complaint by the Sheriff or other means allowed under N.C.G.S. 1A-1 Rule 4. [ $15 Fee to Sheriff ] If no service is obtained then you must issue an Alias & Pluries Summons to be served upon the Defendant. (Complete a new AOC-CV-100 for signature by Clerk of Court and attach copies of the complaint.)

  12. Notice of Hearing [ Required Only if an answer was filed] Obtain Court Date from Clerk and complete the form 1. Original to Clerk for Filing 2. Copy to be served on Defendant 3. Copy for Attorney File/Plaintiff’s File Allow 10 days + 3 for mailing before a court date can be scheduled

  13. Judgment for Absolute Divorce (Obtain Court Date from the Clerk and complete the Judgment) 1. Original to Clerk for Filing 2. Copy to be served on Defendant 3. Copy for Attorney File/Plaintiff’s File

  14. Divorce Judgment Don’t forget to include the Certificate of Absolute Divorce or Annulment to be given to the Clerk with the Judgment. This is the form the Clerk gives you when you file your complaint.

  15. Divorce Judgment Remember to serve a copy of the SIGNED JUDGMENT on the other party after the hearing.

  16. Divorce Judgment All divorces should be completed within 150 days of filing or the Family Court Case Coordinator may schedule for final disposition on any Calendar.

  17. Why Won’t the Family Court Staff Tell Me What I Should Do? • The Family Court staff did not attend law school, nor are they licensed to practice law. • They cannot suggest what course of action you should take, tell you what types of pleadings you need to file, or assist you in presenting your case. • They can only provide you with legal information on court processes, procedures, and the status of your case.

  18. Legal Information v. Legal Advice • Legal advice explains your legal rights, suggests what course of action to take, and the possible consequences of the lawsuit filed against you may be. • Legal information is information on court procedures, due dates, deadlines for filing certain documents, when hearings are scheduled and information that is contained in public records.

  19. Do I need to file an answer if I have been served with a complaint? • If you are disputing any of the issues in a complaint or lawsuit filed against you, it is strongly recommended that you seek the advice of an attorney. • You may need to file an answer if you disagree with any of the allegations in the complaint or have any issues that you would like the court to address.

  20. What if I have questions about whether or not my pleadings are correct or how to handle my case? • Court staff cannot review your pleadings for completeness or accuracy. If you have concerns about whether you have prepared your pleadings correctly, we suggest you find examples of legal pleadings similar to what you are trying to file. • There are several books available on court forms. Keep in mind, these should only be used as a guide when drafting your court documents.

  21. Where Can I Obtain Information on How to Represent Myself? • Information on Family Law issues or representing yourself in court can be found at county libraries, bookstores, or on the Internet.

  22. Where Can I Find Information on the Law? • Most of the laws that you would need to research regarding family issues can be found in Chapter 50 of the North Carolina General Statutes. • The General Rules of Court and Civil Procedure can be found in Chapters 1 and 1A of the North Carolina General Statutes.

  23. What Can I Expect in Court? • On your court date, the judge will review the filed pleadings to see if they are legally sufficient. If they are not properly written, the judge may not explain what is wrong or how to correct it. In some instances, your case may be dismissed. • The judge cannot serve as your attorney and may not ask you questions in order for you to testify properly. You must be prepared to testify without assistance. • If the judge finds that your pleadings are in order, the case may be heard then or at a later date. The plaintiff has the responsibility of proving the facts of the case. • After all the evidence is presented, the judge will rule (make a decision) on the facts presented.

  24. How Much Will this Cost? • There is a filing fee for an absolute divorce of $144. All other civil filings in district court cost $89. • Fees must be paid at the time of filing in order for your case to processed. • Cash, money order, or certified check are acceptable forms of payment. • Documents served by the Sheriff are an additional $15. • Filing fees are subject to legislative increases.

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