Everything to Know About Divorce in North Carolina

• Prerequisites
• Divorce process overview
• Filing fees
• Property, assets & debt division
• Spousal support (alimony)
• Child support & custody
• Absolute divorce
• Separations and annulments
• E-filing
• Post-divorce considerations

Divorce is a complex legal process that involves several key steps and considerations. Understanding the state's specific laws and procedures can help you navigate the process more effectively if you are going through a divorce in North Carolina. This guide provides an overview of the essential aspects of divorce in North Carolina.

Prerequisites for divorce in North Carolina

You must meet the following criteria before you or your spouse can file for divorce in North Carolina:

Residency requirements

To file for divorce in North Carolina, either spouse must have lived in the state for at least six months before filing. Additionally, the divorce must be filed in the county where either spouse resides. 

Waiting period

North Carolina requires a mandatory separation period of one year before a divorce can be finalized. During this time, the couple must live separately without resuming marital relations.

Grounds for divorce

North Carolina is primarily a no-fault divorce state, meaning that the only requirement is a one-year separation period. However, in cases of incurable insanity, a divorce may be granted after three years of separation.

Divorce process overview

In general, these are the steps to a North Carolina divorce:

1.  Filing: One spouse (the petitioner) files a Complaint for Divorce in their county court.
2.  Service of process: The other spouse (the respondent) must be served the divorce papers.
3.  Response: The respondent has a set time to reply.
4. Negotiation or mediation: If disputes arise, mediation may be required.
5.  Court hearing: If agreements are reached, a hearing usually is not required. Otherwise, a judge will decide the terms of your divorce during a hearing or trial.
6.  Final decree: Once approved, the court issues a final divorce decree.

Filing fees

The cost to file for divorce in North Carolina varies by county, but the general filing fee is approximately $225. Additional fees may apply for serving papers or filing motions. If you cannot afford the fees, you can apply for a fee waiver.

Property, asset, and debt Division

North Carolina follows an equitable distribution approach to dividing marital property, meaning assets and debts are divided fairly but not necessarily equally. Courts consider several factors, including:

• The length of the marriage
• Each spouse’s income, employability, and financial resources
• Contributions to the marriage, including homemaking and childcare
• The value of marital and separate property
• Any prenuptial agreements

Marital vs. separate property

Marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property, which is typically not subject to division, includes:

• Assets owned before the marriage
• Gifts or inheritances received by one spouse
• Property designated as separate in a valid prenuptial agreement

Debt division

Marital debts, including mortgages, loans, and credit card balances, are also divided equitably. The court considers each spouse’s ability to pay and who benefited from the debt. If one spouse racked up more debt irresponsibly, such as through gambling, the court may assign a greater share of that debt to them. (Read more: North Carolina General Statutes)

Spousal support (alimony)

Spousal support in North Carolina may be awarded temporarily or permanently. The court considers factors such as financial need, standard of living, duration of the marriage, and each spouse’s contributions. More details can be found here: North Carolina Alimony Laws.

Child custody and support

North Carolina courts prioritize the best interests of the child when determining custody. Child support is calculated based on:

• Each parent's income
• Childcare and healthcare costs
• Living arrangements

North Carolina provides an online child support calculator: NC Child Support Guidelines.

Absolute divorce

North Carolina offers an "absolute divorce," which legally ends the marriage after the one-year separation period. No fault or wrongdoing needs to be proven – but you must meet strict criteria to qualify. Read about them here. 

Annulment and legal separation

Annulments are rare but may be granted in cases of bigamy, underage marriage, or fraud. 

Legal separation, known as a "Divorce from Bed and Board," is also an option but requires specific fault-based grounds. Learn more here: North Carolina Courts.

Electronic filing

North Carolina allows e-filing for some divorce documents. Check with your county court for availability: NC E-Filing.

Post-divorce considerations

• Name change: You can request a name change during the divorce process, which is much simpler than doing so post-divorce. Ask your court clerk if you need help finding the appropriate form(s).
• Tax filing: If your divorce is finalized before the last day of the tax year, you cannot file jointly.
• Legal assistance: Free legal aid is available through organizations such as Legal Aid of North Carolina.

Divorce can be a challenging process, but understanding North Carolina’s laws can help you navigate it more effectively. Consulting an attorney or using legal resources can ensure your rights and interests are protected. Hello Divorce is here to help you every step of the way.

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