Every state has its own rules and procedures for filing a divorce. Here's what you need to know to get started with your North Carolina divorce (also called "absolute divorce").
A married couple can't get a divorce in North Carolina until they have lived separate and apart for at least one year. If there's any question about whether the couple was truly separated for the whole year, the court will look at the "totality of the circumstances" to make a decision. If the spouses engage in isolated incidents of sexual intercourse during their separation period, it won't necessarily mean that they have broken the required separation period. (N.C. Gen. Stat. §§ 50-6, 52-10.2 (2022).)
You must also meet the state's residency requirements before you can file for divorce in its courts. In North Carolina, after the required year of separation has passed, either spouse can file for divorce as long as one of them has lived in the state for six months. (N.C. Gen. Stat. § 50-6 (2022).)
North Carolina is a "no-fault" divorce state—meaning that the courts don't require one spouse to prove that the other's bad acts were the cause of the divorce. No-fault divorces reach resolution faster than fault-based divorces because the spouses don't have to argue about or prove who was responsible for the divorce. Also, with a no-fault divorce, you don't have to have your spouse's consent to end the marriage.
A North Carolina court will find that there is good reason ("grounds") for divorce when the spouses:
(N.C. Gen. Stat. §§ 50-6, 50-5.1 (2022).)
Generally, there are two types of divorce—uncontested and contested. An uncontested divorce is one where the spouses agree on all divorce-related matters, such as division of property, child custody, and alimony (spousal support). A contested divorce, on the other hand, is one where the spouses disagree on at least one topic and must ask a court to decide the issues in their divorce.
Uncontested divorces usually reach resolution faster and are less expensive than contested divorces because there's no fighting in court. Instead, the judge needs only to review and approve the spouses' marital settlement agreement and issue a divorce decree.
To get a divorce in North Carolina, you'll need to file your divorce paperwork with the clerk of the court in the county where one of the spouses lives.
When you and your spouse have agreed on the issues in your divorce, the next step in getting an uncontested divorce in North Carolina is to file the required paperwork. Check with the clerk of the court to confirm what's required, but in most courts you'll need to file the following:
These are the basic forms to get started with a North Carolina divorce; depending on your situation you might have to file different or additional forms (relating to topics such as child custody or alimony).
A contested divorce begins when one of the spouses files a Complaint for Absolute Divorce with the court. In North Carolina, many of the documents you need for a contested divorce are the same as the forms for an uncontested divorce. However, most contested divorces will require you to file additional documents relating to matters that you and your spouse don't agree on.
Your spouse has 30 days after being served with the divorce papers to respond to the Complaint by either filing an Answer or a motion (request) for an extension of time to file an Answer. After the 30 days have passed, you can contact the clerk's office and get a date for a hearing on your divorce.
At the hearing, the judge will ask you questions about your marriage and separation. After the judge hears both sides' arguments, the court will enter a Judgment of Absolute Divorce. Your divorce will be considered final on the date the judge signs the judgment.
Many North Carolina divorces are finalized within 90 days after the responding spouse is served with the Complaint. However, some divorces take longer, especially when the spouses can't agree on an issue or the court's calendar is full.
Along with filing the right paperwork, you'll have to pay court filing fees to begin your divorce. As of 2022, the filing fees for an absolute divorce in North Carolina total $225. To have a sheriff serve the divorce papers on your spouse, it's another $30, and if you want to restore your former name after the divorce the fee is $10.
If you can't afford to pay the filing fees, you can ask the court to waive the fees. To request a fee waiver, file a Petition to Proceed as an Indigent. If the court grants the petition, you won't have to pay any court filing fees or a service of process fee to the sheriff. File your Petition to Proceed as an Indigent at the same time you file your Complaint.
Once you file the paperwork, you will need to provide notice of the divorce to your spouse. You can't serve the papers on your spouse yourself—someone who is not involved in the case and who is over the age of 18 must serve the papers. You can use one of the following methods of service:
If you'd like to DIY your divorce, take a look at the North Carolina Judicial Branch's website for more information. The North Carolina Divorce Packet and Legal Aid of North Carolina's Divorce Packet also provide detailed instructions on how to file a divorce.
If you're working with an attorney, your attorney will assess your situation and fill out, file, and serve all the necessary forms. Many divorcing couples can't afford to hire an attorney to handle their entire case, but would like some assistance with completing and filing their forms. If this describes your situation, consider using an online divorce service or finding an attorney who will consult with you on an as-needed basis. Low-income individuals might qualify for reduced-fee or free legal aid.