![]() If you meet these two requirements, you can choose to proceed with a Clerk’s Default Divorce. You are not dividing a retirement plan that requires a court order as part of your divorce settlement (if you are not sure if you will need a court order to divide a retirement account, you should consult with an attorney for your specific situation).Either you or your soon-to-be ex-spouse must be a resident of Wake County.To be able to proceed with a Clerk’s Default Divorce, your situation must meet the following requirements: All divorce petitioners can file for a Summary Judgment Divorce, while only certain types of cases can proceed with a Clerk’s Default Divorce. They differ in the type of motion filed and whether there is a hearing or not. Wake County offers two different types of divorces:īoth types have the same legal effect. ![]()
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