North Carolina Divorce Forms — What You Need and Where to Get Them (2026)
North Carolina's court system provides standardized forms for absolute divorce that are available free online. The key is knowing which forms you need for your situation — and recognizing that the divorce forms alone do not protect your property rights.
Critical reminder: The absolute divorce forms end your marriage. They do not divide property, assign debt, or award alimony. If those things matter to you, you need additional documents — a Separation Agreement or separate court filings — before you file the divorce.
Where to Get Free North Carolina Divorce Forms
NC Courts Official Forms — nccourts.gov/documents/forms The official source. All AOC (Administrative Office of the Courts) forms are available for free download. Filter by "Family" or search by form number.
Your County Clerk of Superior Court The Clerk's office may have printed packets or additional local forms required in your county. Always ask whether your county has any supplemental forms.
Legal Aid of North Carolina — legalaidnc.org Step-by-step guides and assistance with forms for income-qualified individuals. Call 1-866-219-5262.
Core Forms: Absolute Divorce
Complaint for Absolute Divorce (AOC-CV-703)
What it is: The document that starts the divorce case.
What it covers:
- Both parties' full legal names and addresses
- County of filing and residency assertion (6 months in NC)
- The separation date and assertion of one year of continuous separation
- Statement that one party intends the separation to be permanent
- Request for the court to enter an Absolute Divorce
- Optional: request for restoration of a former/maiden name
Who fills it out: The filing spouse (plaintiff). The other spouse (defendant) is served with a copy.
Critical requirement: The Complaint must be verified — signed under oath in front of a notary public or court official. An unverified complaint will be rejected by the Clerk.
Note: If you are also filing a claim for equitable distribution or alimony, those must either be filed separately or included as additional claims in this Complaint (verify with your county Clerk how they prefer these to be structured).
Civil Summons (AOC-CV-100)
What it is: The official court notice issued to your spouse informing them that a legal action has been filed and they have 30 days to respond.
Who fills it out: You provide the defendant's name and address. The Clerk of Superior Court issues and signs the Summons — you cannot create this yourself.
How it works: After you file the Complaint, the Clerk prepares and issues the Summons. You take the Summons (along with a copy of the Complaint) to have your spouse served.
Domestic Civil Action Cover Sheet (AOC-CV-750)
What it is: A standard court form summarizing the type of civil action being filed. Required in most NC counties.
Who fills it out: The filing spouse, at the time of filing.
Acceptance / Waiver of Service
What it is: A voluntary form your spouse can sign acknowledging they received the Complaint and waiving the right to formal service by the sheriff or certified mail.
When to use it: When your spouse is cooperative and willing to sign. This eliminates the need for sheriff service and its associated fees.
Who fills it out: The defendant (your spouse) signs it. It must be notarized or signed before the Clerk.
Affidavit of Service / Return of Service
What it is: The documentation that proves your spouse was served.
- If served by sheriff: the sheriff completes and files a Return of Service
- If served by certified mail: you file an Affidavit of Service along with the signed return receipt card
- If served by acceptance: you file the signed Acceptance/Waiver of Service
The Clerk needs proof of service before the case can proceed.
Judgment of Absolute Divorce (AOC-CV-704)
What it is: The final court document that legally ends your marriage. The judge signs this.
Who fills it out: You prepare a proposed Judgment in some counties; in others the Clerk prepares it. Ask your county Clerk's office what is expected.
What it contains:
- Finding that the parties were married on a specific date
- Finding that the parties have been separated for one year and one party intends it to be permanent
- Finding that residency requirements are met
- Order granting the Absolute Divorce
- If requested: order restoring the plaintiff's former name
Forms for Property Division (Filed Separately or Concurrently)
Complaint for Equitable Distribution
What it is: The separate legal claim asserting your right to have marital property divided by the court.
When you need it: If you don't have a comprehensive Separation Agreement before the divorce is entered. This must be filed before the Judgment of Absolute Divorce is entered, or the right is permanently waived.
What it covers: Request for the court to inventory, classify (marital vs. separate), value, and equitably distribute all marital property.
Complaint for Alimony / Post-Separation Support
What it is: A claim for financial support from the other spouse — either during the separation (post-separation support) or after the divorce (alimony).
When you need it: If either spouse expects post-divorce support and it is not addressed in a Separation Agreement. Must be filed before the divorce is entered.
Separation Agreement
What it is: A private contract — not a court form — resolving all marital issues between the spouses.
What it covers: All marital property and debt, spousal support, and (if applicable) custody and child support.
Why it replaces court claims: If the Separation Agreement is comprehensive and both spouses fully agree, there is nothing left for the court to divide. The divorce can then proceed cleanly without separate equitable distribution or alimony filings.
Form requirements: Must be in writing and signed by both parties before a notary public. Once incorporated into a court order, it becomes a binding court judgment.
Where to find templates: NC courts do not provide a standardized Separation Agreement form — you draft it yourself or with legal help. Online resources like Legal Aid of NC (legalaidnc.org) provide guidance.
Forms for Divorces With Children
Child Custody Agreement / Parenting Agreement
Not a specific court-issued form — this is a document you and your spouse create, often as part of the Separation Agreement, setting out the custody and parenting time arrangement.
Child Support Worksheet
What it is: The calculation worksheet required when child support is being established or modified under NC guidelines.
Where to get it: NC courts provide support worksheets. Use the NC Child Support Calculator at nccourts.gov for the calculation.
Income Withholding Order
Required when child support is ordered. Directs the paying parent's employer to deduct support from each paycheck.
Fee Waiver Form
Petition to Proceed as Indigent (AOC-G-106)
File this if you cannot afford the $225 filing fee. The judge reviews your financial information and may waive court costs.
Post-Divorce Forms
Qualified Domestic Relations Order (QDRO)
Required to divide employer-sponsored retirement plans (401k, 403b, pension). This is not a standard court form — it must be specifically drafted for each retirement plan by a QDRO specialist. It requires a judge's signature after the divorce.
Deed
Required to transfer real estate title after the divorce. Not a court form — must be prepared by a real estate attorney or title company, signed, notarized, and recorded with the county Register of Deeds.
Last reviewed: March 2026 | Always download current forms from nccourts.gov/documents/forms — forms are updated periodically.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.