North Carolina Divorce Basics
A walk-through of North Carolina divorce rules, timelines, and the issues that usually travel with a case.
Who this helps
This guide is for spouses living in North Carolina who want a clear view of the rules around separation, filing for absolute divorce, and related family law issues like custody, child support, equitable distribution, and alimony.
Ground rules in North Carolina
- Residency: At least one spouse must have lived in North Carolina for the six months before filing.
- No-fault separation: Most cases use one year of separation with the intent to stay separate. Sleeping under the same roof can break the separation unless there is a true separation inside the home with facts to back it up.
- Incurable insanity route: Rare. Requires medical proof and a three-year separation for that reason.
- Venue: File in the county where either spouse lives.
- Grounds language: You do not allege wrongs like cruelty for an absolute divorce. Fault can still matter for alimony and certain claims.
Types of divorce and related statuses
- Absolute divorce: The court ends the marriage after one year of separation or under the insanity route.
- Divorce from bed and board: A fault-based decree that formalizes separation. It is not a final divorce.
- Separation agreements: A private contract that can settle property, support, and parenting issues. Many couples choose this to control outcomes and timelines.
Before you file
- Confirm the separation date: The one-year clock matters. Keep simple proof like a lease, utility change, or dated messages about moving out.
- List the issues: Children, support, property, debts, and health insurance are the usual buckets.
- Documents: Pay stubs, tax returns, bank and retirement statements, mortgage info, and a balance sheet of assets and debts.
- Safety: If there is abuse, speak with a lawyer or an advocate about a 50B protective order.
- Mediation mindset: Most families settle parts of the case in mediation, which can save time and fees.
Common issues that travel with divorce
Child custody and parenting time
Courts look for the plan that serves the child’s best interests. A practical parenting schedule, school calendars, transportation, and decision-making are part of the plan.
Child support
Most cases use the North Carolina Child Support Guidelines. Income, health insurance, childcare costs, and overnights drive the number.
Equitable distribution
The court classifies property as marital, divisible, or separate, values it, then divides fairly. Many couples trade assets to reach a clean split rather than sell.
Post-separation support and alimony
Support can be short term while the case is pending or longer term after judgment. Need, ability to pay, length of marriage, and conduct are factors.
Name change
Many spouses restore a prior surname at or after the absolute divorce.
Steps and timeline
- One-year separation: The clock must run before filing for absolute divorce in most cases.
- File the complaint: File in the county where either spouse lives. The complaint asks for absolute divorce and any other claims that need to be preserved.
- Service: The other spouse is served by sheriff, certified mail, or another approved method.
- Answer or default: Your spouse may answer. If not, you may request a default where allowed.
- Hearing: Absolute divorce hearings are usually short if the separation requirement is clear and service is proper.
- Judgment: The judge signs the divorce. Some claims need to be filed or preserved before the divorce is entered. Speak with a lawyer if you have open claims.
Forms and fees
Each county posts filing fees and local forms. Typical packages include a complaint, civil summons, and coversheet. If you cannot afford fees, ask the clerk about an indigency application.
Costly mistakes to avoid
- Letting the one-year separation include periods of reconciliation that break the clock.
- Failing to file or preserve claims that can die at the time of absolute divorce.
- Forgetting retirement accounts when dividing property.
- Overlooking health insurance transitions for kids and spouses.
When to talk to a lawyer
Speak with a family law attorney if you have a complex estate, safety concerns, a business, a long marriage with support questions, or interstate issues. A short consult can prevent expensive fixes.
FAQ
Do I need fault to get divorced in North Carolina?
No. Most cases use one year of separation. Fault can matter for support.
Can we live in the same home and still be separated?
It is risky. Separation usually means separate homes. Speak with a lawyer if you plan an in-home separation.
What if my spouse will not sign?
A signature is not required for absolute divorce. Proper service and a hearing can move the case forward.
This is general information, not legal advice.