Filing for divorce in North Carolina without an attorney costs $225 in court fees. You must meet the residency requirement of 6 months in North Carolina. North Carolina is a equitable distribution state with a 1 year separation required waiting period. An uncontested divorce typically takes 2-3 months after 1-year separation. Victoria AI guides you through every step with North Carolina-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $225 (The filing fee is approximately $225 statewide. Additional fees may apply for service.) |
| Residency Requirement | 6 months in North Carolina |
| Waiting Period | 1 year separation required |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | 1-year separation (no-fault), Incurable insanity (3+ years) |
| No-Fault Only? | Yes |
| Uncontested Timeline | 2-3 months after 1-year separation |
| Contested Timeline | 1-2+ years after separation |
| Fee Waiver Available? | Yes |
To file for divorce in North Carolina, you must meet the following residency requirement: 6 months in North Carolina.
At least one spouse must have been a resident of North Carolina for at least 6 months before filing for divorce.
Tip: Victoria AI can help you determine if you meet North Carolina's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in North Carolina without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been a resident of North Carolina for at least 6 months before filing for divorce.
Download the official North Carolina divorce forms: Complaint for Absolute Divorce, Civil Summons, Financial Affidavit. All forms are available from the North Carolina courts website.
Fill out the divorce petition (AOC-CV-802) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the North Carolina court and pay the filing fee of $225. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to North Carolina rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by North Carolina law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
North Carolina requires spouses to live separate and apart for at least 1 year before either can file for absolute divorce. This is one of the longest waiting periods in the U.S.
Submit your final judgment to the court. For uncontested divorces in North Carolina, this typically takes 2-3 months after 1-year separation. The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in North Carolina. Victoria AI guides you through completing each form correctly.
Initiates divorce
Notifies spouse
If child support/alimony
Final judgment
The filing fee to start a divorce in North Carolina is $225. The filing fee is approximately $225 statewide. Additional fees may apply for service.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $225 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $350-$1,200 (uncontested DIY) |
If you cannot afford the filing fee, North Carolina offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in North Carolina, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. North Carolina courts are strict about service requirements.
North Carolina is a equitable distribution state.
North Carolina divides marital property equitably. The court considers factors including income, property, debts, duration of marriage, age, health, and contribution to acquisition of marital property.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how North Carolina law applies to your specific property.
North Carolina uses the Income shares model per NC Child Support Guidelines.
North Carolina uses income shares guidelines. Combined gross incomes of both parents determine the basic support, adjusted for custody arrangement, health insurance, and childcare costs.
Understanding the timeline helps you plan and set realistic expectations for your North Carolina divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $225 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
1 year separation required - North Carolina requires spouses to live separate and apart for at least 1 year before either can file for absolute divorce. This is one of the longest waiting periods in the U.S.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
Mandatory 1-year separation (among longest)
No-fault only state
Equitable distribution claims must be filed before divorce is final
Alimony bars if dependent spouse committed adultery
Standardized AOC forms
Common questions about filing for divorce in North Carolina without an attorney.
Get 24/7 guidance specific to North Carolina's forms, procedures, and requirements.
North Carolina-specific forms
Guidance through every required form
Financial disclosure wizard
Complete your financial affidavit step-by-step
Child support calculator
Using North Carolina's exact guidelines
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Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All North Carolina divorce information verified from official state court sources.
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