Getting divorced in North Carolina is simpler than most people expect, but the decisions you make before the divorce can follow you for years. The divorce itself mostly confirms that the marriage is over. Property, alimony and custody are separate claims, and some of them disappear if you don’t act in time. Sawyer & Associates makes sure nothing gets lost along the way.
What are the requirements for divorce in North Carolina?
To get an absolute divorce in North Carolina, you must meet two requirements (N.C.G.S. 50-6):
- You and your spouse have lived separate and apart for at least one year, and at least one of you intended the separation to be permanent.
- Either you or your spouse has lived in North Carolina for at least six months before filing.
North Carolina is a no-fault divorce state. You don’t need to prove adultery or any other wrongdoing to get divorced.
Do you need a legal separation first?
No. North Carolina has no “legal separation” filing. Your separation starts the day you begin living in separate homes with the intent to stay apart. A separation agreement is helpful, but it isn’t required to get divorced.
File these claims before your divorce is final
Once a judge grants your absolute divorce, you lose the right to ask for equitable distribution, alimony and post-separation support unless those claims were already filed or resolved in a written agreement (N.C.G.S. 50-11). Custody and child support are different; they can be decided before or after the divorce. This is the most common and most costly mistake people make when they handle divorce on their own.
How the divorce process works
- Separate and wait one year.
- File a divorce complaint in the district court of the county where you or your spouse lives.
- Serve your spouse, who then has 30 days to respond.
- Hearing. Most uncontested divorces are granted at a short hearing, often by summary judgment.
Divorce from bed and board
North Carolina also has a fault-based option called divorce from bed and board. It’s really a court-ordered legal separation, not a full divorce, and it requires proof of grounds like abandonment, cruel treatment, substance abuse or adultery (N.C.G.S. 50-7). It’s used in specific situations, such as removing a spouse from the home.
Related North Carolina family law services
Divorce FAQs
How long does a divorce take in North Carolina?
After the one-year separation, an uncontested divorce often takes 45 to 90 days from filing, depending on the county.
Do I have to go to court for my divorce?
Usually there’s a brief hearing, but in many counties it’s quick and simple when uncontested.
Does it matter who files first?
Not for the divorce itself. It can matter for property and support claims, so file those early.
Can I get divorced if my spouse won’t sign?
Yes. Your spouse doesn’t have to agree. They just need to be properly served.
Can I change my name back?
Yes. You can return to a prior name after the divorce.
Protect what matters before your divorce is final. Talk with Nick Wilson. Call 800-355-1504 or book a consultation.
The information on this page is general and is not legal advice. Contacting us does not create an attorney-client relationship.
