Divorce Form Instructions

NOTIFYING / SERVING YOUR SPOUSE (“SUMMONS”)

The most common way to notify your spouse that you filed for a divorce is called personal service, which is where the sheriff, or an authorized process server, personally delivers the papers to your spouse. In order to obtain personal service you will need to have the address of your spouse. If you are unsure of your spouses address, you should consult an attorney for help as the service issue may become complicated.

To complete the SUMMONS you will need to:

1. In the upper left hand corner, fill in the name of the county where you will be filing the complaint.
2. Check the box labeled “District Court Division” in right hand corner of the form.
3. Fill in your name (you are the Plaintiff) and address as indicated.
4. Fill in the name of your spouse in the box labeled “Defendant.”
5. In the box labeled “To” fill in the Sheriff Department if they will be serving the DIVORCE COMPLAINT. Write the name of the Defendant if you will be mailing the complaint certified mail.
6. Type the name and address of the Defendant in the box as indicated.
7. Type your address in the box as indicated.
8. You will need two (2) yellow copies of the summons and one (1) white copy for filing.
9. Go to the clerk’s office, and have the clerk sign the SUMMONS and file it along with the complaint.

If you choose to have a sheriff serve your complaint, a sheriff’s deputy will personally deliver the papers to your spouse. Service by sheriff will usually cost an additional five dollars ($5.00).

Another method to serve your spouse can by certified mail. This method of service is often used when your spouse lived in another state or if you do not want to deal with the sheriff’s office. Also, if your spouse is a member of the armed services and you know their mailing address this is the most effective means of serving them. You need to send you spouse a copy of the complaint and other related documents and a copy of the SUMMONS. Do not send the original white copy of the SUMMONS.

If you use this method of service you will need to file an AFFIDAVIT OF SERVICE and attach a copy of the green card with your spouse’s signature and the date it was received.

COMPLAINT FOR DIVORCE

A document addressing the facts of the divorce for example, date of marriage, if there were any children born, date of separation. This document is used to initiate the divorce. This document needs to have a verification attached to the document. To file you will need one original and two copies of the complaint (with verification attached to all documents) one copy is to serve on the other party and the other is for you to keep for your records. You will also need one original of a summons (on white paper) and two copies (on yellow paper), and a check for $90.00 made payable to the clerk of court (be advised that the clerk keeps all originals). Bringing these documents and the check to the clerk will start your case and you will receive a case number, which you will need to type on every other document you file at the court. Once this document is “filed” you will either pay the sheriff in the county that the person resides in $5.00 to serve this complaint on the other party or send certified mail (with return receipt).

VERIFICATION

This document is attached to the divorce complaint. It is used to verify that the person initiating the action has read and understood the document and that the paragraphs in the complaint are true. This document must be signed and notarized for the complaint to be valid. This document is part of the Complaint for Divorce.

AFFIDAVIT OF SERVICE

This document is used to verify that the other party in the matter has received the Complaint for Divorce. If you used the sheriff to serve, you do not have to file one of these documents. If you used certified mail, once you receive the card back in the mail you will attach it to this document, sign your name, have your signature notarized and make two copies of this document. You will file stamp the original and the copies and drop the original in the court filing basket. The other party has 30 days from the date they were served to file an answer to the complaint (usually there is not an answer filed).

NOTICE OF HEARING

You will receive a small white card from the Clerk of Superior Court telling you what day the summons was served. You count 30 days from the day the summons was served. The first Friday after the 30 days has expired is the date you may come to court to obtain your divorce. (Note: Very important!!””if the 30th day lands on a weekend or holiday, you must wait one more week!).

DIVORCE JUDGMENT

This document is proof that you are divorced. The basic information that was listed on the Complaint for Divorce will be listed on this document, however, the Judgment is signed by a judge. You will need the standard original and two copies of the document, but you will attend your court date (usually on Friday at 9:00 a.m.) and have these documents signed by the judge. You will then bring it to the clerk of civil court and file the original, fill out a sheet that you can obtain from the desk call “certificate of divorce”, give this to the clerk and she will give you a certified copy of your Divorce Judgment. The other copy you will mail to the other party.

CERTIFICATE OF SERVICE

This document is used to certify that you are sending a document for service at the time you mail a document off. This is attached to the Divorce Judgment to prove you sent the document off, without spending the extra money for certified mail. You would date this document for the day you are sending the Divorce Judgment.

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