To file for divorce in North Carolina, follow these steps:
- Meet Residency and Separation Requirements:
- You or your spouse must have lived in North Carolina for at least six continuous months before filing.
- You must have lived separate and apart from your spouse for at least one year and one day, with the intent that the separation is permanent. Living under the same roof does not count as separation.
- Prepare the Required Forms:
- File the following documents with the clerk of court in the county where either you or your spouse lives:
- Complaint for Absolute Divorce (must be notarized)
- Civil Summons
- Domestic Civil Action Cover Sheet
- Servicemembers Civil Relief Act Affidavit (if applicable)
- Many counties have "self-divorce" packets to help you file without an attorney.
- File the following documents with the clerk of court in the county where either you or your spouse lives:
- Pay the Filing Fee:
- The filing fee is approximately $225, plus $10 if you are resuming a maiden or pre-marriage name.
- Serve the Divorce Papers on Your Spouse:
- You must legally serve the divorce papers to your spouse by sheriff, certified mail, or a designated delivery service.
- Proper proof of service must be filed with the court.
- If your spouse cannot be located, service by newspaper publication may be possible.
- Wait for the Court Process:
- Your spouse does not have to agree to the divorce. If they do not respond, you may be able to obtain a divorce by default.
- If there are disputes over property, custody, or support, these issues may require further court hearings.
- Finalize the Divorce:
- After fulfilling all conditions and waiting periods, the court may issue an absolute divorce.
North Carolina only allows no-fault divorce, meaning fault or misconduct is not considered; the main requirement is the one-year separation period with intent to remain apart. If you want to handle the process yourself, you can use the self-help divorce packets available in many counties or online from the North Carolina court system. This process ensures all legal requirements are met in North Carolina for an absolute divorce.
