Introduction
Filing for divorce is one of the most significant legal decisions a person can make, and understanding the laws specific to your state is essential for navigating the process with confidence. North Carolina has a unique approach to divorce that differs from many other states, most notably its requirement that spouses live separately for at least one year and one day before either party can file for an absolute divorce.
This comprehensive guide walks you through every major aspect of divorce in North Carolina — from the grounds you can cite and the residency requirements you must meet, to how property is divided, how child custody is determined, and what the overall process looks like from start to finish. Whether you are just beginning to consider divorce or are ready to file, this guide will help you understand your rights and obligations under North Carolina law.
Note: This guide is current as of early 2026. Laws and court fees can change, so always verify the latest information with your local county clerk or a licensed North Carolina family law attorney.
Grounds for Divorce in North Carolina
North Carolina is a purely no-fault divorce state. This means that you do not need to prove that your spouse did something wrong — such as adultery, abuse, or abandonment — in order to obtain a divorce. The state recognizes only two grounds for absolute divorce:
1. One-Year Separation (N.C. Gen. Stat. §50-6)
This is by far the most common ground for divorce in North Carolina. To qualify, the following conditions must be met:
- The spouses must have lived separate and apart for at least one year and one day.
- At least one spouse must have intended the separation to be permanent at the time it began.
- The separation must have been continuous — meaning the spouses did not resume marital cohabitation during the separation period. Isolated incidents of sexual intercourse may not necessarily reset the clock, but resuming living together generally will.
It is important to note that in North Carolina, you cannot file for absolute divorce until the full one-year-and-one-day separation period has elapsed. There is no way to shorten or waive this waiting period.
2. Incurable Insanity (N.C. Gen. Stat. §50-5.1)
The second ground is far less common and involves significantly more legal complexity. Under this ground, a divorce may be granted if:
- The spouses have lived separate and apart for at least three years due to the incurable insanity of one spouse.
- The insanity is confirmed by the testimony of two or more competent physicians.
Because of the extended separation requirement and the burden of medical proof, this ground is rarely used in practice.
Residency Requirements
Before you can file for divorce in North Carolina, you must satisfy the state's residency requirement under N.C. Gen. Stat. §50-8:
- At least one spouse must have been a bona fide resident of North Carolina for at least six months immediately prior to filing the divorce complaint.
The divorce is typically filed in the county where either the plaintiff (the spouse filing) or the defendant (the other spouse) resides. If you recently moved to North Carolina, you must wait until you have established six months of continuous residency before initiating the process.
Property Division
North Carolina follows the equitable distribution model for dividing marital property, as governed by N.C. Gen. Stat. §50-20 and §50-21. It is critical to understand that equitable does not necessarily mean equal — it means fair, based on the circumstances of the marriage.
Marital vs. Separate Property
- Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title.
- Separate property includes assets owned before the marriage, inheritances received by one spouse, and gifts given specifically to one spouse.
- Divisible property refers to changes in value or distributions of marital property that occur after the date of separation but before distribution.
How the Court Divides Property
The court begins with the presumption that an equal (50/50) division is equitable. However, the judge may deviate from this presumption after considering a list of statutory factors, including:
- The income, property, and liabilities of each spouse
- The duration of the marriage
- The age and physical and mental health of both spouses
- The need of a custodial parent to occupy the marital residence
- The expectation of retirement benefits that are not marital property
- Contributions of one spouse to the education or career of the other
- The liquid or non-liquid character of marital and divisible property
- Any other factor the court deems just and proper
Important Timing Note
A claim for equitable distribution must be filed before the divorce is finalized. If you fail to assert your property rights before the divorce judgment is entered, you may permanently lose your right to have the court divide marital property. This is one of the most common and costly mistakes in North Carolina divorce cases.
Child Custody and Visitation
Child custody in North Carolina is determined based on the best interests of the child standard. The court does not automatically favor one parent over the other based on gender.
Types of Custody
- Legal custody refers to the right to make major decisions about the child's life, including education, healthcare, and religious upbringing.
- Physical custody refers to where the child lives on a day-to-day basis.
Both legal and physical custody can be awarded as sole (to one parent) or joint (shared between both parents).
How Custody Is Decided
North Carolina courts strongly encourage parents to reach a custody agreement on their own or through mediation. If the parents cannot agree, the court will make the determination after considering factors such as:
- The wishes of each parent
- The safety and welfare of the child
- The child's existing relationship with each parent, siblings, and other significant individuals
- The ability of each parent to provide a stable environment
- Any history of domestic violence or substance abuse
Custody orders can be modified in the future if there is a substantial change in circumstances affecting the welfare of the child.
Spousal Support (Alimony)
Alimony in North Carolina is governed by N.C. Gen. Stat. §50-16.3A. Unlike some states that use strict formulas, North Carolina courts have broad discretion in awarding spousal support.
Eligibility
To be eligible for alimony, the requesting spouse must demonstrate that they are a dependent spouse — meaning they are actually substantially dependent on the other spouse for maintenance and support. The other spouse must be a supporting spouse — meaning they are able to provide support.
Factors the Court Considers
The court considers a wide range of factors when determining the amount and duration of alimony, including:
- The relative earnings and earning capacities of the spouses
- The ages and health of both spouses
- The length of the marriage
- The standard of living established during the marriage
- The education level and need for additional training
- Contributions as a homemaker
- Marital misconduct by either spouse (this can be a significant factor)
The Role of Marital Misconduct
While North Carolina is a no-fault state for purposes of granting the divorce itself, marital misconduct can significantly affect alimony. Notably:
- If the dependent spouse committed adultery, the court must deny alimony.
- If the supporting spouse committed adultery, the court must award alimony.
- If both spouses committed adultery, the decision is left to the court's discretion.
This makes the conduct of both spouses during the marriage highly relevant in alimony proceedings.
Filing Process
Here is a general step-by-step overview of how to file for divorce in North Carolina:
Step 1: Satisfy the Separation Period
Ensure that you and your spouse have lived separate and apart for at least one year and one day before filing. At least one of you must have intended the separation to be permanent.
Step 2: Confirm Residency
Verify that at least one spouse has been a resident of North Carolina for at least six months prior to filing.
Step 3: Prepare and File the Complaint
Draft a Complaint for Absolute Divorce and file it with the clerk of superior court in the appropriate county. You will pay the required filing fee at this time.
Step 4: Serve the Defendant
The other spouse must be formally served with the divorce complaint. Service can be accomplished through the sheriff's office, a private process server, certified mail, or — in some cases — by publication.
Step 5: Wait for a Response
The defendant typically has 30 days to file an answer or response. If they do not respond, you may be able to proceed with a default judgment.
Step 6: Attend the Hearing
In many uncontested North Carolina divorces, a brief court hearing is required. You (or your attorney) will appear before a judge to confirm the basic facts — primarily that the separation lasted the required period and that residency requirements were met.
Step 7: Receive the Divorce Judgment
If everything is in order, the judge will sign a Judgment of Absolute Divorce, officially ending the marriage.
Timeline and Costs
Timeline
- Separation period: 1 year and 1 day (mandatory before filing)
- Filing to final judgment (uncontested): Approximately 2–3 months after filing, depending on court scheduling
- Filing to final judgment (contested): Can take 6 months to over a year if disputes over property, custody, or alimony require litigation
Costs
- Filing fee: Approximately $225–$275, depending on the county (verify with your local clerk of superior court, as fees may change)
- Service of process fees: $0–$50+, depending on the method used
- Attorney fees: Vary widely depending on complexity; uncontested divorces may cost $1,500–$4,000, while contested cases can cost $10,000 or significantly more
- Mediation costs: If custody is disputed, the court may require mediation, which may involve additional fees
Key Takeaways
- North Carolina requires a mandatory one-year-and-one-day separation before you can file for divorce.
- The state is a no-fault jurisdiction — you do not need to prove wrongdoing to obtain a divorce.
- Property is divided using the equitable distribution model, starting with a presumption of equal division.
- File your equitable distribution claim before the divorce is finalized, or you risk losing your property rights permanently.
- Marital misconduct, particularly adultery, can have a major impact on alimony even though it is not a ground for divorce.
- At least one spouse must have been a North Carolina resident for six months before filing.
Legal Disclaimer: This guide is provided for general informational and educational purposes only and does not constitute legal advice. Divorce laws are complex and subject to change, and every situation is unique. No attorney-client relationship is formed by reading this content. You should consult with a qualified, licensed North Carolina family law attorney before making any legal decisions regarding your divorce. Court filing fees, procedures, and timelines may vary by county and are subject to change without notice.