North Carolina Divorce Filing Guide (2025)
To get a divorce in North Carolina, you or your spouse must have lived in the state for at least six months, and you must have been separated for at lea...
Key Takeaways
- To file for divorce in North Carolina, you must meet two requirements:
- North Carolina has two grounds for absolute divorce:
- The divorce process in North Carolina begins with the filing of a Complaint for Absolute Divorce.
- The timeline for a divorce in North Carolina depends on how long it takes to complete the one-year separation requirement.
- The cost of a divorce in North Carolina varies by county.
To get a divorce in North Carolina, you or your spouse must have lived in the state for at least six months, and you must have been separated for at least one year. North Carolina is a no-fault divorce state, which means you do not have to prove that your spouse did anything wrong to get a divorce.
North Carolina Divorce Filing Guide (2025)
To get a divorce in North Carolina, you or your spouse must have lived in the state for at least six months, and you must have been separated for at least one year. North Carolina is a no-fault divorce state, which means you do not have to prove that your spouse did anything wrong to get a divorce.
This guide provides a step-by-step overview of the divorce process in North Carolina, from filing the initial complaint to obtaining the final divorce judgment.
Table of Contents
- What are the residency and separation requirements for divorce in North Carolina?
- What are the grounds for divorce in North Carolina?
- How do I file for divorce in North Carolina? Step-by-Step
- How long does a divorce take in North Carolina?
- How much does a divorce cost in North Carolina?
- Frequently Asked Questions
- Legal References
What are the residency and separation requirements for divorce in North Carolina?
To file for divorce in North Carolina, you must meet two requirements:
- Residency: You or your spouse must have lived in North Carolina for at least six months immediately before filing for divorce.
- Separation: You and your spouse must have lived separate and apart for at least one year. This means you have lived in different homes and at least one of you intended for the separation to be permanent.
What are the grounds for divorce in North Carolina?
North Carolina has two grounds for absolute divorce:
- One-Year Separation: This is the most common ground for divorce in North Carolina. You must have lived separate and apart for one year.
- Incurable Insanity: This ground is rarely used and requires a complex legal and medical showing that one spouse has been incurably insane for three consecutive years.
North Carolina also recognizes "divorce from bed and board," which is a form of legal separation, not an absolute divorce. The grounds for divorce from bed and board include adultery, abandonment, cruel treatment, and indignities.
How do I file for divorce in North Carolina? Step-by-Step
The divorce process in North Carolina begins with the filing of a Complaint for Absolute Divorce.
Step 1: File the Complaint for Divorce
The first step is to file a Complaint for Absolute Divorce with the Clerk of Court in the county where you or your spouse lives.
Step 2: Serve the Complaint
The Complaint for Divorce and a Summons must be served on your spouse. This is typically done by the sheriff's office or by certified mail.
Step 3: Your Spouse Responds
Your spouse has 30 days to file an Answer to the complaint.
Step 4: Wait for the Hearing
After your spouse has been served, you must wait at least 30 days before you can schedule a hearing.
Step 5: Go to Court
At the hearing, the judge will review your paperwork and, if everything is in order, sign the Judgment for Absolute Divorce.
Civilly Tip: The North Carolina Judicial Branch provides a divorce packet with forms and instructions for an uncontested divorce.
How long does a divorce take in North Carolina?
The timeline for a divorce in North Carolina depends on how long it takes to complete the one-year separation requirement.
| Divorce Stage | Typical Timeline |
|---|---|
| Separation Period | 1 year |
| Filing to Final Judgment | 45-90 days |
| Total | 13.5 - 15 months |
How much does a divorce cost in North Carolina?
The cost of a divorce in North Carolina varies by county.
| Cost Category | Typical Range |
|---|---|
| Filing Fee | $225 - $250 |
| Service of Process | $30 - $50 |
| Attorney Fees (if applicable) | $5,000 - $20,000+ |
| Total (Uncontested) | $300 - $1,500 |
| Total (Contested) | $7,500 - $25,000+ |
If you cannot afford the filing fees, you can file a Petition to Proceed as an Indigent to ask the court to waive the fees.
Frequently Asked Questions
Do I need a lawyer to get a divorce in North Carolina?
You are not required to have a lawyer, especially in an uncontested divorce. However, it is always a good idea to consult with an attorney to understand your rights and obligations, especially if you have children or property.
What is an absolute divorce?
An absolute divorce is a final judgment from the court that officially ends your marriage.
How is property divided in a North Carolina divorce?
North Carolina is an equitable distribution state. For more details, see our North Carolina Property Division Guide.
How is child custody determined in North Carolina?
Custody decisions are based on the best interest of the child. For more information, see our North Carolina Child Custody Guide.
Can I get alimony in North Carolina?
Alimony may be awarded to either spouse. To learn more, read our North Carolina Alimony Guide.
Legal References
- North Carolina General Statutes, Chapter 50 (Divorce and Alimony)
- North Carolina Judicial Branch - Divorce Packet