North Carolina Divorce

Divorce Information and Worksheet

Instructions: This worksheet is designed to be used by persons contemplating a divorce. It may also be used by your attorney. Completing this form before your initial interview with your attorney may save you valuable time and money.

Part 1 - Definitions – Terms and Explanations

Definitions – Terms and Explanations

1. Complaint — The pleading used to commence a divorce action that is filed with the court clerk, usually in the county of residence of the parties.

2. Petition — Same as complaint. Some States use the term Petition instead of complaint.

3. Plaintiff or Petitioner — The person who files the complaint. May be called Petitioner if a Petition is used instead of a complaint. If a Joint Complaint is allowed, the parties may be called Co-Plaintiffs or Co-Complainants.

4. Defendant or respondent — The person who the complaint is filed against. This person is usually required to answer the complaint within a certain number of days, or file a waiver to the complaint.

5. Co-Plaintiffs — When both parties sign the complaint in a divorce action it is called a Joint Complaint or Joint Petition.

6. Summons — This is a document signed by the Court Clerk and served on the defendant.

7. Cover Sheet — Some states require a cover sheet to be filed with the complaint, petition or joint complaint which provides basic information about the parties and the action.

8. Information Sheet — Same as Cover Sheet. Some states use the term Information sheet instead of cover sheet.

9. Waiver of Process — In cases where the defendant does not desire to file an answer, or where the defendant agrees to the divorce, the defendant will file a waiver of process.

10. Entry of Appearance — Often the defendant will include an entry of appearance with the waiver of process and the forms are sometimes combined into a single form.

11. Court Clerk — Courts have clerks who handle the court papers, hearings and other matters.

12. Waiting Period — Some states have a waiting period from the time of filing the complaint before the matter may be heard or a final judgment entered.

Part 2. - Your Personal Information

Personal Information

Your Name: U.S. Citizen Yes No

Address:

Date of Birth:

Social Security Number:

City: State: Zip:

Where do you presently live, if different than address above?

How long have you lived at your present address?

How long did you live at former address, if applicable?

Birth State and County

Have you ever lived in a community property state? Yes No

If yes, what state?

Do you have a known future residence address? Yes No

If yes, list address:

Education level

Describe your physical condition and any health problems you may have.

Describe any emotional problems you may have.

Employment

Where are you employed?

Position

Address City State Zip

Phone Fax

How long employed at present employer?

Previous employer: Position:

Address City State Zip

Educational Level Degrees

Part 3. - Spouse Personal Information

Personal Information – Spouse

Spouse Name: U.S. Citizen Yes No

Address:

Date of Birth:

Social Security Number:

City: State Zip

Where does spouse presently live, if different than address above?

How long has spouse lived at present address?

How long did spouse live at former address, if applicable?

Birth State and County

Has spouse lived in a community property state? Yes No

If yes, what state?

Does spouse have a known future residence address? Yes No

If yes, list address

Education level of spouse

Describe spouse’s physical condition and any health problems he/she may have.

Describe any emotional problems spouse may have.

Spouse Employment

Where is spouse employed?

Position

Address City State Zip

Phone Fax

How long employed at present employer?

Previous employer: Position:

Address City State Zip

Educational Level Degrees

Part 4. - Marriage

Marriage

Place of Marriage

Have you ever been separated from your spouse before? Yes No

If yes, please provide dates and details of separation.

Are you now separated from your spouse? Yes No

If yes, provide details of separation.

What was date of separation?

Part 5. - Children

Children

In what city and state were the children born?

Has there ever been any prior litigation regarding the custody of the children? Yes No

If yes, please explain:

Where do the children reside now? Husband Wife

Are there any special issues or circumstances to be considered regarding the children? Yes No

If yes, please explain:

Do the parents agree to terms of custody/visitation? Yes No

If yes, please select:

Sole custody to Wife with reasonable visitation to Husband

Sole custody to Husband with reasonable visitation to Wife

Joint custody to Husband and Wife

Other-(describe)

What is address where children presently reside?

Is wife pregnant? Yes No

If yes, what is due date?

Do the children have any special medical needs? Yes No

If yes, please explain:

Children’s Doctor

Address City State Zip

Do the children require any special educational needs? Yes No

If yes, provide details.

Please provide day care address and how often the children are kept in day care, if applicable.

Part 6. - Prior Marriages

Your Prior Marriages

Children from prior marriages?

Do you pay support? Yes No If yes, what amount and how paid?

Do you pay alimony? Yes No If yes, what amount and how paid?

Your Spouse Prior Marriages

Children from prior marriages?

Does spouse pay support? Yes No If yes, what amount and how paid?

Does spouse pay alimony? Yes No If yes, what amount and how paid?

Part 7. Income

Income of Husband (Monthly / Yearly)

Salary

Dividends

Rental Income

Notes Receivable

Bonuses

Business

Commissions

Other

Income of Wife (Monthly / Yearly)

Salary

Dividends

Rental Income

Notes Receivable

Business

Bonuses

Commissions

Other

Part 8. - Monthly Expenses

Part 9. - Joint Assets

Part 10. - Retirement Accounts

Part 11. - Separate Assets of Husband

Part 12. - Separate Assets of Wife

Part 13. - Liabilities of Both Husband and Wife

Part 14 - Inheritance

Part 15 - Documents that may be needed, especially if the divorce is contested.

Part 16 - Settlement Worksheet

Part 17. Typical No Fault Procedures

1. A Complaint, Petition or Joint Complaint is filed in the County of your residence.

2. At the time of filing the complaint a filing fee is paid.

3. If you are using a Complaint instead of a joint complaint, the defendant will be served with a summons or will execute a waiver of summons and entry of appearance.

4. If a summons is required, the Defendant may file an answer admitting that a divorce should be granted based upon an agreement of the parties.

5. After the complaint and the waiver or answer are filed, you need to determine how to present a judgment of divorce to the court.

6. After the waiting period has expired, ask the clerk or court administrator for the proper procedure to present the judgment to the judge.

7. Present the Separation Agreement and Judgment to the Judge.

Part 18 - Witness Testimony

Summary: Some states require actual testimony, even in a no fault divorce.

Part 19. Sample Presentation of Divorce Complaint to Judge

Part 20 – Complete if Child Custody will be contested

Part 21. – Child support

Part 22. – Visitation

END