How to File for Divorce in North Carolina (NC)

North Carolina is a no-fault divorce state, which means neither spouse needs to prove wrongdoing to separate legally. While this simplifies the process, you must meet the state’s residency requirements and live separately for at least one year before you can file. Here’s what you should know about these requirements and how to begin the divorce process.

North Carolina divorce laws

In North Carolina, divorce is technically called “absolute divorce.” To qualify for an absolute divorce in North Carolina, you must meet the following requirements: 

One-year waiting period

North Carolina law (G.S. § 50-6) requires spouses to live “separate and apart” for one year before they can file for divorce. This means you must live in separate residences and act as if you’re no longer married, but the separation period resets if you resume the relationship (G.S. § 52-10.2). 

When it comes time to file for divorce, you’ll need to testify under oath that you’ve completed the one-year separation period. While not required, providing other evidence, such as witness statements, a separation agreement, or proof of your new address, is also helpful to further demonstrate your intent to end the marriage.

Residency requirements

In order to file for divorce in North Carolina, either you or your spouse must be a resident of North Carolina for at least six months. You may file in the Superior Division or the District Division of the General Court of Justice in the county where either party resides. 

Grounds for divorce

Grounds for divorce are legally recognized reasons to get a divorce. As a no-fault divorce state, however, North Carolina doesn’t require spouses to explain why their marriage failed. In fact, for a majority of couples, the primary requirement (or “grounds”) for divorce is the one-year separation period we discussed earlier. 

Otherwise, courts will consider divorces on the basis of incurable insanity (G.S. § 50-5.1). This applies when spouses have lived separately for three consecutive years due to one spouse’s incurable mental illness.

There’s also the option to pursue a “Divorce from Bed and Board” (DBB), a court-ordered legal separation (G.S. § 50-7). A DBB might be granted in specific circumstances when one spouse can prove serious misconduct by the other, such as abandonment or substance abuse. While this is similar to at-fault divorce, a DBB doesn’t end the marriage, and couples still must wait one year before they can officially file for absolute divorce. 

How to file for divorce in NC in 7 steps

All spouses filing for divorce in North Carolina follow the same general steps, but the exact process depends on whether you pursue a contested or uncontested divorce. If you can resolve major issues with your spouse, you might only need to complete a few of the steps outlined below, as there’s less need for negotiations or court appearances. 

Conversely, if your divorce is contested, most (if not all) of these steps apply to your situation. Either way, here’s how you can get started, assuming you meet the residency requirements and completed the mandatory separation period: 

Consult a divorce attorney

Everyone has the right to represent themselves in legal matters, but it’s recommended you work with a divorce attorney, particularly if your divorce involves these matters: 

• Child custody, support, and visitation
• Alimony
• Division of pensions, joint savings accounts, or retirement plans
• Equitable distribution of marital property and debts 

The North Carolina Judicial Branch emphasizes that if you want to protect your rights regarding these issues, you should consult a lawyer before proceeding with your divorce. After all, an attorney is the most qualified person to help you understand the legal implications of your separation, handle all court procedures, and represent your interests. 

Nonetheless, the decision to hire an attorney is ultimately yours. If you’re still on the fence, you can find a divorce attorney through our online network and meet for a consultation to see if you should move forward. 

Prepare divorce papers

North Carolina requires several forms to initiate the divorce process, including the following: 

• Complaint for Absolute Divorce 
• Domestic Civil Action Cover Sheet (form AOC-CV-750)
• Civil Summons (form AOC-CV-100) 
• Servicemembers Civil Relief Act Affidavit (form AOC-G-250) 

You may need additional documents for child custody, support arrangements, or property division with your divorce complaint if these issues pertain to your situation. You might also complete other documents later in the process, such as an Affidavit of Service after serving your spouse or a Civil Affidavit of Indigency if you need to request a filing fee waiver. 

If you need help finding or completing the forms, refer to the North Carolina divorce packet or contact an attorney for assistance. 

File the petition

Once you’ve prepared your divorce papers, the next step is to file them with the Clerk of Court’s office in the county where you or your spouse live. Here are a few points to keep in mind mentioned in the divorce packet: 

• Bring multiple copies. Take three copies of the Complaint, the Domestic Civil Action Cover Sheet, and the Servicemembers Civil Relief Act Affidavit. You’ll also need four copies of the Summons. 
• Get your documents processed. Submit your original Complaint and Summons. 
• Request additional copies. Ask the clerk to sign three extra copies of the Summons and “file-stamp” two extra copies of the Complaint and the yellow copies of the Summons. 

You’ll also pay the filing fee during this step unless you qualify for a waiver. This fee is currently $225 but can change, so it’s best to check with the court directly beforehand. 

Serve divorce papers

After filing your divorce petition, you must serve the papers to your spouse. North Carolina doesn’t allow you to deliver these documents personally, but you can use one of these approved methods of service: 

• Service by sheriff. For a fee (typically around $30), the sheriff’s office will deliver the court papers to your spouse at their residence.
• Certified mail with return receipt. You can mail the documents via certified mail and request a return receipt. 
• Acceptance of service. If you’re still on good terms with your spouse, you can mail them the papers along with an Acceptance of Service form. 

Additionally, as a last resort, you may be able to serve your spouse by publishing a notice in a newspaper. However, this method is highly complex and should only be considered with an attorney’s help. 

With all methods, your spouse has 30 days to respond, after which the court may consider a default judgment if they’re unreachable. 

Financial disclosure

If your divorce involves dividing assets or determining support payments—both spousal and child support—you’ll need to provide detailed information about your finances. This typically includes information about your assets, income, debts, and expenses. Your spouse’s legal team or the court might use your financial records when deciding on the final terms of your separation, so it’s important to be honest and thorough. 

Negotiate and settle

For contested divorces, negotiations tend to be one of the longest steps. This involves working out agreements on any unresolved issues such as how to divide marital property. Negotiations can happen directly between both parties, through attorneys, or with the help of a mediator. 

Ideally, the goal is to reach a mutually fair settlement without proceeding to trial. If successful, the negotiated terms are formalized in a settlement agreement, which is then submitted to the court for approval. 

Court hearing and final divorce judgment

The final step in the divorce process is a court hearing, which is far more significant in contested divorces. Simple, uncontested divorces usually have one brief court hearing, where the judge reviews the agreement and ensures all legal requirements are met. 

In contested cases that haven’t reached a full settlement, the hearing can be more involved, potentially leading to multiple appearances. Once all matters are settled or decided, the judge issues a final divorce decree and finalizes the separation. 

How much does it cost to file for divorce in NC?

The minimum cost to file for divorce in North Carolina is $232. This includes the $225 filing fee and $7 to serve the divorce papers by certified mail, though using the sheriff’s office would cost around $30 and bring the total to at least $262.

In addition, you might pay for the following expenses: 

• Attorney fees. Most attorneys bill by the hour or set a flat fee for divorces, but costs can vary significantly, with the median cost being $7,000 in the U.S. 
• Mediation. Private mediator fees may cost a few thousand dollars or more, though mediators generally charge less than attorneys. 

If you can’t pay the court filing fee, you can request to waive it by completing a Petition to Proceed as an Indigent. Likewise, you might check with Legal Aid of North Carolina if you can’t afford an attorney. 

Property division in North Carolina

North Carolina is an “equitable distribution” state, which means courts aim to divide assets and debts fairly based on each couple’s circumstances. Generally, each party will keep separate property (for example, property acquired before marriage). On the other hand, marital and divisible property is divided equally between the parties unless the judge determines equal division is not equitable, based on factors like: 

• The income, property, and liabilities of each spouse
• The length of the marriage
• The age and health of each spouse
• Contributions to the education or career potential of the other spouse 

If you’re facing property division in a North Carolina divorce, it’s especially crucial to consult an attorney to ensure you receive your deserved share of the marital estate. 

Alimony in NC

To award alimony—also known as spousal support—the court must find that the party seeking alimony is a dependent spouse and that an award of alimony is equitable. One big factor is whether one party participated in an act of illicit sexual behavior during the marriage. If it was the other party (the supporting spouse), alimony is required.

Likewise, other forms of marital misconduct (such as alcohol abuse) may also influence alimony decisions. Absent an agreement of the parties, the court will determine the amount, duration, and manner of payment of alimony. Still, there aren’t any definitive formulas to calculate final amounts, so this decision ultimately comes down to the judge’s ruling. 

Child custody and support in NC

If you and your spouse have any minor children, there will have to be a custody determination. If you and your spouse reach a custody agreement, it will be accepted by the judge unless it is determined not to be in the child’s best interest. 

In addition, child support is determined by the North Carolina Child Support Guidelines, which, along with child support worksheets, may be found on the state government’s website. While you can use these resources as a general estimate, keep in mind that other factors (such as daycare expenses) can influence the final support amount. 

FAQs

How long does it take to get a divorce in NC?

In North Carolina, it takes at least three months to get a divorce after filing, assuming you’ve met the one-year separation requirement. However, the exact length can vary depending on the court’s schedules and whether your divorce is contested or uncontested, as complex cases can take much longer (sometimes up to a year). 

Can I get a divorce in NC without waiting a year?

No, North Carolina law requires spouses to live separately for at least one year before they can file for divorce. The only exception is divorce on the grounds of incurable insanity, which requires a three-year separation. 

How do I change my name after a divorce in NC? 

To change your name after a divorce in North Carolina, you can file a separate motion with your local court. You can also request a name change by including a Resumption of Maiden Name form with your Complaint if you haven’t already filed, though this comes with a $10 fee. 

Edward A. Haman, Esq. contributed to this article.