Divorce Petition in North Carolina
Federal & State Law Editorial TeamLast reviewed: April 2026
North Carolina Requirements
- At least one spouse must be a North Carolina resident for 6 months before filing
- Parties must live separate and apart for one continuous year before filing
- Only no-fault ground: one year of separation with the intent of at least one party to remain separate
- Equitable distribution claims must be raised before divorce is granted or they are waived
- Post-separation support and alimony are separate claims that must also be raised before divorce
Filing Location
District Court (Family Court Division)
Filing Fee
$225
Statute Reference
How to Complete This Form
- 1Confirm that you meet your state's residency requirements for filing.
- 2Gather financial records, including income statements, bank accounts, debts, and property valuations.
- 3Obtain the appropriate divorce petition forms from your court or court website.
- 4Complete the petition, including grounds for divorce, proposed property division, and custody arrangements (if applicable).
- 5File the petition with the court clerk and pay the filing fee.
- 6Serve the petition on your spouse according to your state's service requirements.
- 7Attend any required hearings, mediation sessions, or settlement conferences.
Download Form Template
Download a template for the Divorce Petition customized with North Carolina-specific requirements and instructions.
Divorce Petition in Other States
Other Forms in North Carolina
When to Talk to a Lawyer
- Your divorce involves significant assets, a business, retirement accounts, or disputes over child custody.
- There is a history of domestic violence, hidden assets, or your spouse has hired an attorney.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.