How and where is a divorce complaint filed?

The complaint is filed with the Clerk of Court once the form is completed and the required fee is paid. The complaint merely states what you are asking and why (i.e. an Absolute Divorce, the fact that the parties have been separated one year, and one of the parties has lived in North Carolina for at least six months).

In the complaint you must also state whether or not there are children born to the marriage. If there are, you need to list their names in the complaint. Along with the complaint is the summons, which has the other party’s address on it. The summons merely states to the other party that an action has been filed against them and they are required to answer.

You need to make sure that you have additional copies of the summons and the complaint. While the court keeps the original, you need extra copies to be able to serve the opposing side with the documents, as well as a copy for your records.

Also, if you believe service is going to be an issue, I would make sure you have plenty of summons (at least four extra) signed by the Clerk of Court. That way, you have multiple originals to attempt service. While you only need a copy of the complaint, you need an original summons to be given to the opposing party upon service.