How do I file for divorce in Durham NC?

How do I file for divorce in Durham NC?

In Durham County, the plaintiff has to file the Petition (Complaint), Summons, and other relevant forms with the local clerk of court. Family law Complaints are filed in the District Court Division of the North Carolina General Court of Justice.

Can a woman kick a man out of the house?

She cannot kick him out by calling the police and saying she wants him out, but she can file, in the District Court, a lawsuit called a Wrongful Detainer. A Wrongful Detainer can be filed whether or not two people are married. We offer free consultations for most divorce cases.

Can your wife kick you out?

No, your wife cannot throw you out of your own house just because she doesn’t want you living there anymore. Even if she wants you out because she intends to get a divorce, she cannot demand that you leave your own home. But your wife cannot throw you out of the house simply because she’s tired of you.

Who stays in house during divorce?

In the event of a family law separation, both parties are legally entitled to live in the family home. It does not matter whose name is on the ownership of the house. There is no presumption that the wife or the husband has to leave the house.

Can I force sale of house during divorce?

“There’s a misconception you have to get a divorce order before you can deal with the sale of the family home. But you can sell or transfer the family home at any point.” But divorce doesn’t automatically trigger a sale and often people will wait to sell the house until they have a binding financial agreement.