How to File for Divorce in North Carolina (2025 Guide)

How to File for Divorce in North Carolina (2025 Guide)

Thinking about divorce in North Carolina? Here’s a clear step-by-step breakdown of how the process works—from eligibility to getting your Final Decree.

✅ 1. Separation Requirement

You must have lived separately and apart from your spouse for at least one full year, no cohabitation during that time.

✅ 2. Residency Requirement

At least one spouse must have lived in North Carolina for the last 6 months before filing.

✅ 3. Use No-Fault Grounds

North Carolina only allows no-fault divorce, which means you don’t need to prove wrongdoing just that you’ve been separated for a year.

✅ 4. Prepare Divorce Forms

Typical forms include:

• Complaint for Absolute Divorce

• Civil Summons

• Domestic Civil Action Cover Sheet

• Affidavit of Service

These can be downloaded from the North Carolina Judicial Branch website or picked up at your county courthouse.

✅ 5. File the Complaint

File your paperwork at the Clerk of Superior Court in the county where you or your spouse lives.

Filing fee: Around $225–$250

✅ 6. Serve Your Spouse

Your spouse must be officially notified using:

• Sheriff’s deputy

• Certified mail

• Private process server

• They have 30 days to respond.

✅ 7. Request a Hearing

Once service is complete and the response time has passed, file a Notice of Hearing and request a court date.

✅ 8. Attend the Court Hearing

If your paperwork is in order and the separation is confirmed, the judge can grant the divorce at the hearing. You may or may not have to appear depending on the county and case.

✅ 9. Get the Final Divorce Decree

The judge signs the Judgment of Absolute Divorce, officially ending your marriage.

✅ 10. Post-Divorce Steps

Update legal documents

Comply with custody/support orders

Handle property division if not settled before

Note: You can’t file for divorce in North Carolina unless you’ve completed the one-year separation—this is strictly enforced.