Divorce Resources in North Carolina: Court Forms, Legal Aid & Filing Guide

To file for divorce in North Carolina, you must have lived separate and apart from your spouse for at least one year and one day, and either you or your spouse must have resided in North Carolina for at least six months before filing, as required by N.C.G.S. § 50-6. North Carolina is a no-fault divorce state — the only ground for absolute divorce is one year of continuous separation. You do not need a written separation agreement or your spouse's consent. File your Complaint for Absolute Divorce, Civil Summons (AOC-CV-100), Domestic Civil Action Cover Sheet (AOC-CV-750), Servicemembers Civil Relief Act Declaration (AOC-G-250), and Certificate of Absolute Divorce or Annulment (AOC-CV-711) with the Clerk of Superior Court in the county where you or your spouse resides, pursuant to N.C.G.S. § 50-3.

The filing fee is $225 as of January 1, 2024. If you cannot afford this fee, file a Petition to Proceed as an Indigent (AOC-G-106) at the same time as your Complaint — recipients of TANF, SSI, or SNAP may qualify for a full waiver. An additional $10 fee applies if you request Resumption of Maiden Name under N.C.G.S. § 50-12(a). After filing, you must serve the defendant by sheriff ($30) or certified mail ($7) per Rule 4 of the North Carolina Rules of Civil Procedure. The complaint must be verified before a Notary Public. Your spouse does not need to sign any paperwork, file a response, or appear at the hearing for the divorce to proceed.

After service is complete and at least 30 days have passed, you may request a hearing date from the court. At the hearing, you must testify that you and your spouse lived separate and apart for more than one year and that one of you has resided in North Carolina for at least six months. The judge will then sign the Judgment for Absolute Divorce (AOC-CV-710). If you have claims for equitable distribution of marital property or spousal support, you must file those claims before the divorce is finalized — under N.C.G.S. § 50-11(e), all claims for equitable distribution and alimony are barred once the judgment of absolute divorce is entered. The eCourts Guide & File online tool at nccourts.gov can help you prepare your documents electronically.

North Carolina requires parent education classes in contested custody and visitation cases, authorized by Session Law 1999-237 (House Bill 168, Section 17.16). When a court action involves disputed custody or visitation of minor children, the court may order both parents to attend a parent education program administered through the NC Administrative Office of the Courts. Programs are available in two formats: a one-hour parent information session presented by family court staff following custody mediation orientation, or a four-hour parent education class taught by community professionals selected by local district court leadership. Topics include children's developmental needs, communication skills, conflict resolution, and parenting from two homes. Requirements vary by county — some judicial districts mandate attendance in all custody cases, while others order it at the judge's discretion. Check with your local Clerk of Court or visit the NC Courts Parent Education Program page for county-specific requirements. Some counties may not accept online classes.

North Carolina mandates mediation for all contested custody and visitation disputes under N.C.G.S. § 50-13.1. Whenever a court action involves disputed custody or visitation of a minor child, the court must refer the matter to mediation before or concurrent with setting a hearing date, unless the court waives mediation for good cause. Good cause for waiver includes allegations of domestic violence, child abuse or neglect, substance abuse, severe psychological problems, or a party residing more than 50 miles from the court. All mediation proceedings are private and confidential — communications during mediation are absolutely privileged and inadmissible in court. Agreements reached through mediation are reduced to writing and incorporated into a court order.

For financial matters — including equitable distribution, alimony, and child support — North Carolina's Family Financial Settlement Program under N.C.G.S. § 7A-38.4A provides a separate dispute resolution framework. Parties and their attorneys may select from mediated settlement, neutral evaluation, or judicial settlement conference. The default procedure, if parties do not select an alternative, is mediated settlement. Victims of domestic violence may be excused from physically attending settlement conferences.

Under N.C.G.S. § 50-21, both parties in an equitable distribution action must prepare and exchange sworn Equitable Distribution Inventory Affidavits. The party who filed the equitable distribution claim must serve the inventory affidavit on the opposing party within 90 days of filing (though deadlines vary by county local rules). The responding party must then serve their own inventory affidavit within 30 days of receiving the first party's affidavit. Each affidavit must list all property claimed as marital property and all property claimed as separate property, along with the estimated fair market value of each item as of the date of separation. Affidavits are subject to amendment and are not binding at trial as to completeness or value. Full disclosure of income, bank accounts, real property, vehicles, investments, retirement accounts, debts, and personal property is required. There is no standard statewide AOC form — some judicial districts provide local forms (such as Form 22I/22S in District 22 or Form 30C-1 in District 30). Failure to disclose assets may result in adverse consequences at trial, as it constitutes a breach of fiduciary duty.