The North Carolina Waiver and Answer form is what a defendant spouse files in an uncontested absolute divorce to accept service, waive the 30-day response window, and tell the court there is nothing to contest. It has to be signed in front of a notary and filed with the Clerk of Superior Court in the county where the divorce was filed. The form is part of the North Carolina Divorce Packet published by the North Carolina Judicial Branch.1North Carolina Judicial Branch. North Carolina Divorce Packet
Read the Complaint Before You Sign Anything
Signing the Waiver and Answer is not a formality. By signing, you admit the factual allegations in the plaintiff’s complaint — the marriage date, the date of separation, and the residency claim — and you tell the court those facts can be treated as true without proof at a hearing. You also waive the 30-day period you would otherwise have to file a formal answer under Rule 4, and you waive further notice of hearings in the case.2North Carolina General Assembly. North Carolina General Statutes 1A-1 – Rule 4 Process The plaintiff no longer needs a sheriff or process server to deliver anything, and can go straight to asking the court for a hearing date.
Read the complaint line by line. If anything in it is wrong — most commonly, the separation date — do not sign the waiver. File a formal answer within the 30-day service window instead, where you can dispute the specific facts.
Protect Property and Support Rights First
A final absolute divorce decree in North Carolina permanently destroys your right to equitable distribution of marital property unless a claim for equitable distribution was filed before the judge signs the divorce judgment.3North Carolina General Assembly. North Carolina Code 50-11 – Divorce and Alimony The same rule applies to alimony: if neither spouse files for spousal support before the divorce is granted, both of you lose the right to ask for it, permanently.4North Carolina Judicial Branch. Separation and Divorce
The Waiver and Answer speeds the case up, so any claim you might have about the house, retirement accounts, debts, or support needs to be resolved or filed before you sign. Property titled in one spouse’s name alone stays with that spouse. Property titled in both names stays jointly owned after the marriage ends.4North Carolina Judicial Branch. Separation and Divorce If you and your spouse own anything together, or if either of you might need support, talk to a family law attorney before you sign the waiver.
What to Gather Before You Start
Have the plaintiff’s Complaint for Absolute Divorce in front of you. Every identifier on the Waiver and Answer needs to match the complaint exactly.
- The North Carolina county where the divorce was filed.
- The file number assigned by the Clerk of Superior Court, usually printed in the upper right corner of the summons or complaint.
- The plaintiff’s and defendant’s full legal names, spelled as they appear on the complaint.
- Your current mailing address for court correspondence.
You can download the Waiver and Answer as part of the North Carolina Divorce Packet from the Judicial Branch website, or pick up a copy at the clerk’s office in any county courthouse.1North Carolina Judicial Branch. North Carolina Divorce Packet Do not confuse it with form AOC-CV-601, which is a child support enforcement form and has nothing to do with divorce responses.5North Carolina Judicial Branch. Motion and Order to Show Cause for Failure to Comply With Order in Child Support Action
Filling In the Form
Work top to bottom. Write the county name in the space at the top. Enter the file number. In the caption, fill in the plaintiff’s full legal name and your own full legal name, matching the complaint character for character. A mismatch here is the kind of thing that gets a filing kicked back by the clerk or creates confusion in the case record later.
The body of the form has sections where you confirm that you received a copy of the complaint, that you waive formal service of the summons, that you waive the 30-day response period, and that you do not intend to contest the allegations. Mark or check each applicable section. Read the statement above each mark before you make it. Once the form is filed, everything you have admitted is binding, and the court will accept the plaintiff’s stated facts without requiring proof.
Signing in Front of a Notary
The Waiver and Answer has to be signed in front of a notary public. Do not sign it beforehand — the notary needs to watch you sign, then complete the notarial block by printing their name, signing, applying their seal, and filling in the date their commission expires.6North Carolina Judicial Branch. North Carolina Divorce Packet
Notary services are available at most banks, UPS stores, shipping centers, and some law offices. North Carolina caps notary fees at a few dollars per signature for a standard acknowledgment,7North Carolina General Assembly. North Carolina Code Chapter 10B – Notary Public Act and many banks notarize for account holders at no charge.
Filing With the Clerk and Sending a Copy to the Plaintiff
Take the original notarized form to the Clerk of Superior Court in the county where the divorce was filed. The clerk stamps it with the filing date and adds it to the case file. Ask for at least two file-stamped copies: one for your records, one to send to the plaintiff or the plaintiff’s attorney. A defendant filing a Waiver and Answer is generally not charged an additional filing fee, but confirm this with your county’s clerk, since administrative copy fees may apply. Current court costs are published by the Judicial Branch.8North Carolina Judicial Branch. Current Court Costs
Deliver a file-stamped copy to the plaintiff or their attorney by hand or regular mail. That step lets the other side know the answer is on file with the court.
What Happens After the Waiver Is Filed
Once the Waiver and Answer is on file, the plaintiff can ask the court for a hearing date. Because you waived further notice, the judge can schedule and hold the hearing without notifying you again. In an uncontested case where the only claim is the absolute divorce itself, the court can enter judgment based on affidavits or a brief hearing, depending on the county’s practice.
North Carolina requires that the spouses have lived separate and apart for at least one year, and that one of them has resided in the state for at least six months.9North Carolina General Assembly. North Carolina General Statutes Chapter 50 Article 1 The judge verifies these facts at the hearing, but because you admitted them in your waiver, the plaintiff usually only has to confirm them briefly or by sworn affidavit. Most uncontested North Carolina divorces are entered within a few weeks to a couple of months after the waiver is filed, depending on the court’s calendar.
If You Are on Active Duty
If you are an active-duty servicemember, the federal Servicemembers Civil Relief Act gives you protections that can delay a civil case, including a divorce. You can waive those protections, but the waiver has to be in writing, in a separate document from the Waiver and Answer, printed in at least 12-point type, and signed before a notary. The North Carolina Divorce Packet includes a Servicemembers Civil Relief Act Affidavit that the plaintiff files.1North Carolina Judicial Branch. North Carolina Divorce Packet Before you sign anything, take both documents to your installation’s legal assistance office; the review is free.