How to File for Divorce in North Carolina

North Carolina divorces are filed in the General Court of Justice, District Court Division. North Carolina uses equitable distribution and requires a 12-month separation for an absolute divorce in most cases.

Requirements to File

At least one spouse must have lived in North Carolina for 6 months before filing. For an absolute divorce, spouses must have lived separate and apart for one continuous year with at least one spouse intending the separation to be permanent. File in the county where either spouse resides. There is no post-filing waiting period once you meet the separation and service requirements.

Step-by-Step Process

Step 1: Confirm separation and gather forms.
Prepare a Complaint for Absolute Divorce, Civil Summons, and Domestic Civil Action Cover Sheet. If you seek equitable distribution (property division) or alimony, file those claims before or at the same time as the divorce—do not wait or you may waive them when the divorce is granted.

Step 2: File with the clerk.
File at the District Court clerk for your county. Pay the filing fee or request an in forma pauperis waiver. You’ll receive a case number and filed copies.

Step 3: Serve your spouse.
Use sheriff service, certified mail/return receipt, a designated delivery service where allowed, or a signed acceptance. If you cannot locate your spouse despite diligent search, request service by publication. Keep proof of service.

Step 4: Observe deadlines.
A defendant generally has 30 days after service to answer (extensions are common). Exchange complete financial information early if you have property or support claims; organized disclosures speed settlement and court review.

Step 5: Settlement or hearing.
If you agree, submit a Consent Order or Separation Agreement (as appropriate). If disputes remain, the court may schedule mediation, equitable distribution case management, and hearings.

Step 6: Final judgment.
After service and the 12-month separation requirement are satisfied, the court enters a Judgment of Absolute Divorce. Be sure any equitable distribution and alimony claims are filed and preserved before this judgment is signed. Obtain certified copies.

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FAQs

Do we need to be separated before filing in North Carolina?
Yes. Most cases require 12 months of continuous separation before an absolute divorce.

Which court handles divorces in North Carolina?
The District Court Division of the General Court of Justice in your county.

Will I lose property or alimony claims if I wait?
You can waive equitable distribution and alimony if you do not file and preserve those claims before the court grants the divorce.