How do I file for divorce in North Carolina?

North Carolina divorce is governed by N.C. Gen. Stat. Chapter 50.

1. Residency Requirements — At least one spouse must have been a North Carolina resident for 6 months before filing.

2. Separation Requirement — Spouses must have lived 'separate and apart' for at least 1 year and 1 day, with at least one spouse intending the separation to be permanent.

3. No-Fault Ground — One-year separation is the primary ground. The other ground — incurable insanity after 3 years' separation — is rarely used.

4. Required Forms — Complaint for Absolute Divorce, Civil Summons, Domestic Civil Action Cover Sheet, and a Servicemembers Civil Relief Act affidavit.

5. Filing Fee — Approximately $225 plus $30 for service. Indigency petitions available.

6. Service of Process — Sheriff, certified mail, or private process server. Respondent has 30 days to answer (60 days if served by publication).

7. Equitable Distribution & Alimony — Critically, claims for equitable distribution and alimony must be filed before the absolute divorce is granted, or they are waived forever. North Carolina is an equitable distribution state.

8. Property Division — Marital property is presumed to be divided equally; the court may deviate based on statutory factors.

9. Final Judgment — The Judgment of Absolute Divorce ends the marriage. Uncontested no-fault divorces are often handled by motion for summary judgment without a hearing.

This is legal information, not legal advice.