What documents and notarizations do I need to get started if most of our terms are only verbal? – North Carolina

Short Answer

For an uncontested absolute divorce in North Carolina, the key required document is a properly verified (notarized) divorce complaint, plus a civil summons and basic supporting forms. A written, notarized separation agreement is optional if all issues are settled informally, but it can help lock in custody, support, and property terms. The verification on the complaint must be notarized when the case is filed, and several related affidavits often also need notarization. An attorney can usually prepare and e-file these so in-person court attendance is limited or avoided where permitted.

Understanding the Problem

The narrow question is: in a North Carolina family law case seeking an uncontested absolute divorce, what documents and notarizations are required at the start when the spouses have only verbal agreements about custody, support, and property? One spouse has lived in North Carolina long enough to file for divorce, the other lives elsewhere, and both want a simple, uncontested process. The filing spouse would like a lawyer to handle e-filing, formal service, and any required hearing without personal court attendance if possible. The focus here is only on the minimum paperwork and notarizations to open and complete a basic absolute divorce, not on litigating property, support, or custody claims.

Apply the Law

Under North Carolina law, an absolute divorce is a civil action started in district court. The law focuses on residency, one-year separation, and proper verification of the complaint, not on whether the parties have a written separation agreement. The main forum is the District Court Division of the General Court of Justice in a North Carolina county where either spouse resides, and the divorce complaint must be verified (sworn before a notary or other authorized officer) at the time of filing. Local rules and e-filing procedures vary by county, but the state statutes set the core content and verification requirements.

Key Requirements

Residency and separation: One spouse must have lived in North Carolina for at least six months before filing, and the spouses must have lived separate and apart for at least one full year with the intent to remain separated.
Verified complaint and basic forms: The plaintiff must file a divorce complaint that includes specific required statements (residency, one-year separation, minor child information, name-change request if any) and sign a verification in front of a notary; a civil summons and other local administrative forms are also required.
Service and uncontested posture: The defendant must be properly served (for example, by certified mail or acceptance of service) and either not respond or consent, so the court can enter an uncontested divorce judgment based on the verified pleadings and any supporting affidavits.

What the Statutes Say

N.C. Gen. Stat. § 50-3 (Venue in divorce actions) – requires divorce cases to be filed in the county where either spouse resides, and allows certain transfers if the filing spouse later moves out of state.
N.C. Gen. Stat. § 50-8 (Contents and verification of complaint) – sets out mandatory complaint contents, requires verification in line with Rule 11 and G.S. 1-148, and requires listing any minor children.

Analysis

Apply the Rule to the Facts: In the described situation, the filing spouse has been separated for over a year and has North Carolina residency, so a basic absolute divorce is available if the complaint is drafted and verified correctly. Because custody, finances, and property are all informally agreed, the initial filing can focus on absolute divorce only, with child information stated as required in the complaint. A written, notarized separation agreement is not required to get divorced, but if the parties want their verbal understandings to become enforceable, a separate signed and notarized agreement can be prepared and filed or kept privately, depending on their goals.

Process & Timing

Who files: The North Carolina-resident spouse (plaintiff). Where: District Court in the appropriate North Carolina county under N.C. Gen. Stat. § 50-3. What: A verified Complaint for Absolute Divorce, a Civil Summons, any county-specific cover sheets, and often a Domestic Civil Action Cover Sheet. When: After at least one year of separation and at least six months of North Carolina residency by either spouse.
Once filed and accepted, the summons and complaint are served on the other spouse, typically by certified mail, sheriff, or signed acceptance of service. The defendant then has a standard response period (generally 30 days from service, with a possible extension) to answer or waive further notice.
After the response deadline passes and the case remains uncontested, the plaintiff (often through counsel) requests a hearing or, in some counties, submits a proposed Judgment of Absolute Divorce with required affidavits. The court reviews the verified complaint and supporting documents and, if satisfied, enters a Judgment of Absolute Divorce, which is the final document ending the marriage.

Exceptions & Pitfalls

Filing a complaint without proper verification (or with a defective notarization) can deprive the court of jurisdiction and lead to dismissal, even in uncontested cases.
Failing to bring equitable distribution, alimony, or certain support claims before the divorce is granted can waive those claims, so spouses who only have verbal property or support agreements should consider whether to formalize them in a notarized separation agreement or court order before the divorce judgment is entered.
Service problems—such as using the wrong address, not following certified mail procedures, or relying on informal notice—can delay or invalidate the divorce; careful use of certified mail, sheriff service, or a properly signed acceptance of service helps avoid this.

Conclusion

For an uncontested absolute divorce in North Carolina with mostly verbal terms, the starting point is a properly drafted and notarized (verified) complaint, filed in the correct county along with the summons and required cover sheets. A written, notarized separation agreement is not required for the divorce itself, but it is often the safest way to capture informal agreements on custody, support, and property before the divorce judgment. The most important next step is to prepare and sign the verified complaint before a notary, then file it in district court after the full year of separation has passed.

Talk to a Family Law Attorney

If someone is pursuing an uncontested North Carolina divorce with mostly verbal agreements, our firm has experienced attorneys who can help prepare the verified complaint, advise on whether to formalize a separation agreement, and manage e-filing and service. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.