Filing for divorce represents one of life's most significant legal actions, requiring careful attention to procedural requirements, timing considerations, and strategic decisions that affect your future. North Carolina filing for divorce involves specific steps that must be followed precisely to ensure your case moves forward smoothly and your rights remain protected throughout the process. Whether you're contemplating an uncontested divorce where you and your spouse agree on all issues or facing a contested divorce requiring court intervention, understanding how to properly file for divorce in North Carolina helps you navigate this challenging transition with confidence and clarity.
Requirements Before Filing for Divorce
Before you can file for divorce in North Carolina, you must meet specific legal requirements that establish the court's authority to hear your case and your eligibility for divorce.
Living Separate and Apart
The most important requirement for filing for divorce in North Carolina is that you and your spouse must have lived separate and apart for at least one year and one day. Living separately means residing in different homes, not just sleeping in separate bedrooms within the same house. At least one spouse must have intended for the separation to be permanent from the time it began.
If you reconcile and move back in together during the separation period, the one-year clock resets when you separate again. However, isolated incidents of sexual relations don't necessarily break the separation period. North Carolina courts look at the overall circumstances to determine whether you maintained the required separation.
Residency Requirements
Either you or your spouse must have lived in North Carolina for at least six consecutive months immediately before filing the divorce complaint. It doesn't matter where you were married or how long you lived elsewhere during your marriage. As long as one spouse meets the six-month residency requirement, North Carolina courts have jurisdiction to grant your divorce.
You don't need to wait an additional six months after completing the one-year separation. Once you've been separated for one year and one day and one spouse has lived in North Carolina for six months, you can immediately file for divorce.
Intent for Separation to Be Permanent
At least one spouse must have formed the intent for the separation to be permanent at the time the separation began. This intent doesn't need to be communicated to the other spouse or documented in writing. However, you'll need to testify about this intent when you appear before the judge for your divorce hearing.
Where to File for Divorce
You file for divorce with the clerk of the court in the county where either you or your spouse lives. If both spouses live in North Carolina but in different counties, you can file in either county. If only one spouse lives in North Carolina, you must file in the county where that spouse resides.
The North Carolina Judicial Branch operates clerk of court offices in all 100 counties. Most counties have implemented eCourts, an electronic filing system that requires all legal filings to be submitted electronically rather than in person at the courthouse. Check with your county clerk's office to determine whether eCourts is operational in your jurisdiction and how to access the electronic filing system.
Documents Required for Filing
To file for divorce in North Carolina, you must prepare and submit several documents to the clerk of court.
Civil Summons
The civil summons notifies your spouse that you've filed a lawsuit and that they have a right to respond. The summons includes information about the case, the court where it's filed, and the deadline by which your spouse must respond.
Complaint for Absolute Divorce
The complaint for absolute divorce is the main document that initiates your divorce case. It must be verified, meaning you sign it in front of a notary public who verifies your identity and witnesses your signature. The complaint states the facts supporting your divorce request, including when you married, when you separated, that you've lived separate and apart for one year with the intent for the separation to be permanent, which spouse has lived in North Carolina for six months, and whether you had any children born during the marriage.
If you want to preserve your rights to property division through equitable distribution or spousal support, you must include those claims in your complaint. If you file for absolute divorce without including these claims and your divorce is granted, you forever lose the right to ask a court for property division or alimony.
Domestic Civil Action Cover Sheet
This form provides basic information about your case to help the court system track and manage divorce filings. It includes details about the parties, the type of case, and whether other related cases are pending.
Service Members' Civil Relief Act Affidavit
The SCRA Affidavit confirms whether your spouse is currently serving in the military. This affidavit is required because active-duty military members receive certain protections that can affect divorce proceedings, including the ability to request delays in court proceedings while they're deployed or otherwise unable to participate.
Filing Fees
The filing fee for an absolute divorce in North Carolina is $225 as of 2025, though fees are subject to change. This fee is paid to the clerk of court when you file your complaint. If you cannot afford the filing fee, you can request a fee waiver by filing a Petition to Proceed as an Indigent at the same time you file your complaint. If the court grants your petition, you won't have to pay the filing fee or the service of process fee.
Additional fees may apply for other services. Having the sheriff serve your spouse with the divorce papers costs approximately $30. If you want to resume your former name after a divorce, the fee is typically $10.
Serving Your Spouse
After filing your divorce complaint with the court, you must ensure your spouse is properly served with copies of the summons and complaint. Proper service gives your spouse legal notice of the divorce case and the opportunity to respond.
Methods of Service
North Carolina law provides several methods for serving divorce papers. Service by sheriff is the most common method, where you pay the sheriff's office to personally deliver the documents to your spouse. Many clerk of court offices will forward the paperwork to the sheriff after you pay the service fee at the time of filing.
You can also serve your spouse by certified or registered mail with a return receipt requested. After the post office delivers the documents, you'll receive a receipt proving your spouse was served. You must file this receipt with the court as proof of service. Authorized delivery services like FedEx or UPS can also be used if they provide delivery receipts.
If your spouse is cooperative, you can use acceptance of service. Mail the summons and complaint to your spouse along with an Acceptance of Service form. Your spouse signs the form in front of a notary, and you file the notarized form with the court.
Service When Spouse Cannot Be Located
If you cannot locate your spouse after diligent efforts, you may be able to serve by publication. This involves placing a notice about the pending divorce in a newspaper for a specified period. Service by publication requires court approval and follows specific procedures outlined in North Carolina court rules.
Service When Spouse Lives Outside North Carolina
You can obtain an absolute divorce in North Carolina even if your spouse lives in another state or country, as long as you meet the residency requirement. However, you must follow the service rules for the jurisdiction where your spouse lives. If you want to pursue claims for property division or spousal support against a spouse who has left North Carolina, additional jurisdictional requirements may apply.
Prohibited Methods of Service
You cannot serve the divorce papers on your spouse yourself. Hand delivery by you doesn't constitute proper legal service under North Carolina law.
What Happens After Your Spouse Is Served
Once your spouse receives the divorce papers, they have 30 days to file a response with the court. Your spouse can file an answer admitting or denying the allegations in your complaint, file counterclaims for their own relief, or request an extension of time to respond.
If your spouse files an answer contesting any facts in your complaint, your case becomes contested and you'll need to resolve disputed issues before the divorce can be finalized. If your spouse doesn't respond within 30 days, you can proceed with an uncontested divorce and request a hearing date.
Scheduling the Divorce Hearing
After your spouse has been served and either responded or failed to respond within 30 days, you can schedule your divorce hearing. Contact the clerk of court in the county where you filed to determine how divorce hearings are scheduled. Procedures vary by county, with some counties requiring you to attend a specific calendaring session while others allow you to request a date directly from the clerk's office.
Once you obtain a hearing date, you must serve a Notice of Hearing on your spouse. If your spouse was properly served with the original complaint, you can serve the notice of hearing by regular mail. Include a certificate of service with the notice showing when you mailed it to your spouse.
Preparing for the Divorce Hearing
Before your hearing, prepare the documents the judge will need to grant your divorce. You'll need a proposed Judgment of Absolute Divorce for the judge to sign and a Certificate of Absolute Divorce that will be sent to the North Carolina Department of Vital Records. Many counties include these forms in their divorce packets, or you can obtain them from the clerk's office.
Bring at least three copies of the judgment to the hearing so the judge, you, and your spouse each have a copy. If you're requesting to resume your former name, include that request in the judgment.
The Divorce Hearing
Simple divorce hearings are typically brief. You'll testify under oath about the facts establishing your eligibility for divorce, including your marriage date, separation date, that you and your spouse have lived in separate residences for one year and one day, that you or your spouse has lived in North Carolina for at least six months, whether you had children during the marriage, and that at least one of you intended the separation to be permanent.
Your truthful testimony usually suffices to prove these facts. You can also present witnesses or documents supporting your claims. A separation agreement between you and your spouse, if you have one, can help establish your separation date.
The judge will ask questions to verify that you meet all requirements for divorce. If satisfied, the judge will sign the Judgment of Absolute Divorce. In most circumstances, you'll leave court the same day with a copy of your divorce judgment. Your divorce becomes final on the date the judge signs the judgment.
Resources for Filing for Divorce Yourself
The North Carolina Judicial Branch provides several resources for people filing for divorce without an attorney. The Guide and File system is a free online service that helps users prepare court documents for an absolute divorce. This interactive system asks questions about your situation and generates completed forms based on your answers.
Legal Aid of North Carolina offers a divorce packet with forms, instructions, and information about the divorce process. Contact Legal Aid at 1-866-219-5262 to determine if you qualify for free legal assistance based on your income. Many counties also maintain self-help centers where court staff can provide general information about divorce procedures, though they cannot give legal advice or help you fill out forms.
When You Need an Attorney
While you can file for divorce yourself using the resources described above, certain situations call for professional legal assistance. Consider hiring an attorney if you want to file claims for equitable distribution of marital property or spousal support, you and your spouse cannot agree on child custody or child support, your spouse has hired an attorney, you own a business or have complex assets, you're concerned about hidden assets or financial misconduct, or your spouse has threatened or engaged in domestic violence.
If you cannot afford to hire an attorney for full representation, consider consulting with an attorney on a limited basis to review your forms, explain your rights, or provide strategic advice. The North Carolina Lawyer Referral Service at 1-800-662-7660 can help you find attorneys in your area.
Critical Timing Issues
Filing for an absolute divorce before resolving certain claims can result in permanent loss of important rights. If no one files for equitable distribution before the absolute divorce becomes final, both parties forever lose the right to ask a court to divide marital property and debts. Similarly, if no one files for spousal support before the divorce is final, both parties permanently lose the right to request alimony.
Child custody and child support claims are different. These claims are not affected by divorce timing because they focus on children's ongoing needs rather than marital issues. Parents can file for custody or support at any time while children are minors, regardless of whether they're divorced.
Separation Agreements
Many divorcing couples negotiate separation agreements to resolve issues like property division, spousal support, child custody, and child support without court involvement. A separation agreement is a private contract between spouses that must be in writing, signed by both parties, and notarized to be valid.
Separation agreements allow you to make your own decisions about how to divide property and address other divorce-related issues rather than having a judge decide for you. Once properly executed, a separation agreement is binding and enforceable in court. Some couples request that their separation agreement be incorporated into the final divorce judgment, making violations enforceable through the court's contempt powers.