If you want to file for divorce in North Carolina, you need to understand how the process works. You need to meet specific requirements, submit paperwork to the correct court and make decisions (or allow the court to make decisions) on property division, spousal support, child custody and more.
This guide explains how to file for divorce in North Carolina and what you need to know about ending your marriage in the state.
Who Can File for Divorce in North Carolina?
Anyone who has lived in the state for at least six months immediately before filing for divorce can file in North Carolina, regardless of where you got married.
What Are the Grounds to File for Divorce in North Carolina?
Grounds refer to reasons for divorce. You must specify the reason for dissolving your marriage when you submit your petition for divorce to the court.
North Carolina recognizes no-fault divorce, which means neither spouse is blamed for the divorce. The two grounds for ending a marriage in the state include either of the following:
- Being separated for a year or longer
- Incurable insanity of one spouse for at least three years before filing combined with living separately for at least three years
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How to File for Divorce in North Carolina
To file for divorce in North Carolina, you need to file the required court paperwork with the clerk of court in the county where either you or your spouse reside. You can find the appropriate court using Judicial District Maps for North Carolina.
The specific paperwork you need to file varies depending on whether you are filing a contested or uncontested divorce. In general, you need to submit the following documents, among other forms:
The North Carolina Judicial Branch has a Divorce Packet, which contains all the forms you need to submit to the court.
Serving Divorce Paperwork in North Carolina
When you file for divorce, you must properly notify your spouse. This is called service of process. It can be done in several different ways, including service by the sheriff, service by certified mail with a return receipt or service by delivery courier.
If your spouse agrees, instead of serving them, you can have them sign an Acceptance of Service form, which you then file with the court. Or if you do not know where your spouse is, you can opt for service by publication, which means providing notice in the newspaper.
Contested or Uncontested Divorce
You can opt for either a contested or uncontested divorce in North Carolina.
An uncontested divorce is one in which both parties agree on the issues. A contested divorce occurs when the parties cannot agree, and the court needs to hold a hearing to decide on things like property and custody division and support.
Most couples are better off with an uncontested divorce when possible since they save money by avoiding litigation and making decisions together that are best for their family. Not every divorcing couple can compromise, though, which is why contested divorces are sometimes necessary.
What Is the Waiting Period for a North Carolina Divorce?
You must have been separated for a year in North Carolina before you can move forward with a divorce and legally dissolve your union.
Getting Legal Help With a Divorce in North Carolina
A North Carolina divorce lawyer can guide you through the process of ending your marriage to avoid unnecessary delays by filing the wrong documents or failing to meet the state’s requirements for marriage dissolution.
A skilled family law attorney can help you negotiate an out-of-court divorce settlement so you can move forward with an uncontested divorce or represent you in court to fight for your preferred outcomes on custody, support and property division.
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Frequently Asked Questions (FAQs)
How is marital property divided in a North Carolina divorce?
North Carolina is an equitable distribution state. This means that the goal is to divide up marital property in a fair way. Unlike in a community property state where each party gets a 50/50 share of marital assets, North Carolina’s goal is to ensure the property and debt is divided equitably based on factors such as the contributions each party made during the marriage.
Equitable distribution rules apply when a court is asked to divide property and debt. If you have a prenuptial agreement or if you negotiate an out-of-court divorce settlement, you can decide with your spouse how to divide up property in a way that is right for you.
Can you get alimony in a North Carolina divorce?
It is possible to get alimony in a North Carolina divorce under certain circumstances. Alimony can be temporary to allow a lower earner to become self-supporting, or it can be awarded indefinitely in some cases when an earning disparity is likely to be permanent.
How long does a North Carolina divorce take?
A couple in North Carolina must have been separated for at least a year before they can divorce. Divorces can sometimes take longer in circumstances where the couple does not agree on key issues and court hearings need to be held to divide up marital assets and determine who receives custody of the children and if spousal or child support is appropriate.
