North Carolina Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

2-4 months for uncontested divorce after the mandatory 1-year separation (total 14-16 months from separation to final judgment). Contested divorces with equitable distribution typically take 18-36 months from separation to final resolution of all claims.

Documents to Gather

Certified copy of marriage certificate
Valid North Carolina driver's license or state-issued ID
Social Security numbers for both spouses
Children's birth certificates (if applicable)(if applicable)
Proof of separation date and separate residences
Existing court orders (custody, protection orders, support)(if applicable)
Separation agreement (if executed)(if applicable)
Prenuptial or postnuptial agreement (if applicable)(if applicable)

Financial Documents

Last 3 years of federal and state tax returns
Last 6 months of pay stubs or proof of income
Bank statements for all accounts (last 12 months)
Retirement and investment account statements
Real estate deeds, mortgage statements, and property tax records
Vehicle titles, registration, and loan documents
Credit card and loan statements
Business financial statements and tax returns (if self-employed)(if applicable)
Life, health, auto, and homeowner's insurance policies(if applicable)
Social Security benefit statements(if applicable)

Key Steps

1. Before Filing

Verify Residency Requirements
Establish and Document the Separation Date
Protect Property and Alimony Rights Before Filing
Consider Negotiating a Separation Agreement
Gather Essential Personal and Financial Documents

2. Filing Process

Prepare the Complaint for Absolute Divorce
Complete the Required Accompanying Forms
File the Complaint with the Clerk of Superior Court

3. After Filing

Serve Your Spouse with the Divorce Papers
Wait for Your Spouse's Response
File Equitable Distribution Inventory Affidavits (If Applicable)
Attend Mandatory Custody Mediation (If Children Are Involved)
Provide Notice of Hearing and Attend the Divorce Hearing
Obtain Certified Copies of the Divorce Judgment

Key Deadlines

Mandatory separation period before filing1 year and 1 day of continuous separation

Respondent must file Answer30 days after service of the Complaint

Equitable distribution inventory affidavit (initiating party)90 days after service of equitable distribution claim

Equitable distribution inventory affidavit (responding party)30 days after receiving initiating party's affidavit

Scheduling and discovery conference request120 days after filing equitable distribution claim

Notice of hearing served on defendantAt least 10 days before the scheduled hearing date

Equitable distribution and alimony claims must be filedBefore entry of the absolute divorce judgment

Appeal of contested divorce judgment30 days after entry of judgment

Quick Reference

To file for divorce in North Carolina, you must first live separate and apart from your spouse for at least one year and one day under N.C. Gen. Stat. § 50-6, and at least one spouse must have been a North Carolina resident for six months. After meeting these requirements, prepare a verified Complaint for Absolute Divorce (signed before a notary), a Civil Summons (Form AOC-CV-100), a Domestic Civil Action Cover Sheet (Form AOC-CV-750), and a Servicemembers Civil Relief Act Affidavit (Form AOC-G-250). File all documents with the Clerk of Superior Court in the county where either spouse resides, paying the $225.00 filing fee. Serve your spouse via sheriff ($30.00), certified mail ($7.00), or designated delivery service. Your spouse has 30 days to respond. If no answer is filed and divorce is the only claim, the Clerk may enter judgment on Form AOC-CV-710 without a hearing. Critical warning: file any claims for property division or alimony before the divorce judgment is entered, or those rights are permanently lost under N.C. Gen. Stat. § 50-11(e). Uncontested divorces typically reach judgment within 2-4 months after filing.