How to File for Divorce in North Carolina 2026: Complete Guide

North Carolina has unique divorce requirements, including a mandatory 1-year separation period before filing for absolute divorce. This comprehensive guide covers residency requirements, the separation requirement, grounds for divorce, property division, child custody, alimony, and the complete divorce process in North Carolina.

North Carolina Residency Requirements

Before filing for divorce in North Carolina, you must meet these requirements under N.C.G.S. § 50-6:

• Either spouse must have been a North Carolina resident for at least 6 months immediately before filing
• File in the county where either spouse resides
• Residency can be established by physical presence with intent to remain
• Military members stationed in NC may establish residency

The Mandatory 1-Year Separation

North Carolina's most distinctive requirement is the mandatory separation period under N.C.G.S. § 50-6:

What Constitutes Separation?

• Physical Separation: Spouses must live in separate residences
• Intent: At least one spouse must intend the separation to be permanent
• Duration: Continuous separation for at least 1 full year
• No Cohabitation: Spouses cannot resume living together during the year

What Happens During Separation?

During the 1-year separation, you can:

• File for post-separation support and alimony
• File for child custody and child support
• File for equitable distribution of property
• Execute a separation agreement

Separation Agreement

Many couples create a written separation agreement during this year that addresses:

• Division of property and debts
• Alimony/spousal support
• Child custody and visitation
• Child support
• Health insurance
• Tax filing status

Grounds for Divorce in North Carolina

North Carolina recognizes these grounds under N.C.G.S. § 50-5 and § 50-6:

No-Fault Ground (Most Common)

• One Year Separation: Living separate and apart for 1 year with intent to remain apart (absolute divorce)

Fault-Based Grounds (Rare)

These allow divorce without 1-year waiting period but require proof:

• Incurable Insanity: Spouse confined to mental institution for at least 3 years

North Carolina previously recognized additional fault-based grounds but now primarily uses the 1-year separation for absolute divorce.

Step-by-Step Filing Process

Step 1: Establish Separation

• Move to separate residences
• Document the separation date (important for calculating 1-year period)
• At least one spouse must intend separation to be permanent

Step 2: Address Ancillary Issues (During Separation Year)

File separate actions if needed:

• Post-Separation Support and Alimony: Must be filed before divorce is final or right is lost
• Child Custody and Support: File in District Court
• Equitable Distribution: Must be filed before divorce is final or within specified timeframe

Step 3: Prepare Divorce Complaint (After 1 Year)

Required documents:

• Complaint for Absolute Divorce
• Civil Summons
• Domestic Civil Action Cover Sheet
• Verification (sworn statement of facts)

Step 4: File with District Court

File your complaint with the Clerk of Superior Court in the county where either spouse resides.

Filing Fee: Approximately $225

Fee waivers available for indigent parties

Step 5: Serve Your Spouse

North Carolina requires proper service:

• Personal service by sheriff or private process server
• Certified mail (if spouse agrees to accept)
• Acceptance of service (waiver signed by spouse)
• Service by publication (if spouse cannot be located)
• Spouse has 30 days to respond

Step 6: Wait for Answer or Default

• If spouse answers and contests, case may go to hearing
• If no answer within 30 days, request default judgment
• Uncontested cases can often be resolved without court appearance

Step 7: Final Judgment

Court issues Judgment of Absolute Divorce:

• Marriage is terminated
• Both parties free to remarry
• Prior orders on custody, support, and property remain in effect

Equitable Distribution of Property

North Carolina uses equitable distribution under N.C.G.S. § 50-20:

Marital vs. Separate Property

• Marital Property: Assets and debts acquired during marriage (subject to distribution)
• Separate Property: Property acquired before marriage, by inheritance, or gift to one spouse (retained by owner)
• Divisible Property: Changes in marital property between separation and distribution (passive income, appreciation)

Date of Separation Matters

The date of separation is crucial because:

• Determines what property is marital vs. separate
• Marital property includes assets/debts acquired up to separation date
• Income earned after separation is generally separate

Equitable Distribution Process

Courts follow a three-step process:

1. Identify and Classify: Determine what property is marital, separate, or divisible
2. Value: Assign fair market value to marital and divisible property
3. Distribute: Divide property equitably (not necessarily equally)

Factors for Distribution

Courts consider many factors including:

• Income and property of each spouse
• Duration of marriage
• Age and health of spouses
• Need for custodial parent to remain in marital home
• Expectation of retirement benefits
• Contributions to education or career of other spouse
• Contributions as homemaker
• Tax consequences
• Acts of either spouse to waste, neglect, or devalue marital property
• Difficulty of valuing assets or business interests

Critical Deadline

Equitable distribution claims must be filed:

• Before the divorce judgment is entered, OR
• Within 3 years of the divorce decree if claim was pending before divorce

Warning: If you don't file before divorce is final and don't have a pending claim, you lose your right to equitable distribution.

Alimony in North Carolina

North Carolina provides two types of spousal support under N.C.G.S. § 50-16.1A and § 50-16.3A:

Types of Support

• Post-Separation Support: Temporary support during separation and divorce proceedings
• Alimony: Longer-term support after separation or divorce

Determining Alimony

Courts consider:

• Marital misconduct (adultery, cruel treatment, abandonment)
• Relative earnings and earning capacities
• Ages and physical/mental health
• Amount and sources of income
• Duration of marriage
• Contribution to education or career of other spouse
• Standard of living during marriage
• Education of parties and time needed to acquire training
• Assets and liabilities
• Property brought to marriage by either party
• Contribution as homemaker
• Tax ramifications
• Any other equitable factor

Marital Misconduct Effects

Marital misconduct can bar alimony:

• If dependent spouse committed adultery during marriage: barred from alimony
• If supporting spouse committed adultery: court must award alimony to dependent spouse
• If both committed adultery: court may award or deny in its discretion

Duration and Modification

• Alimony typically continues until specified date, death, remarriage, or cohabitation
• Can be modified if substantial change in circumstances
• Terminates automatically upon remarriage of dependent spouse
• May terminate upon cohabitation with another person

Critical Deadline

Important: Alimony claims must be filed before absolute divorce is granted or the right is lost forever. You cannot go back later and request alimony.

Child Custody in North Carolina

Types of Custody

North Carolina recognizes under N.C.G.S. § 50-13.1:

• Legal Custody: Authority to make major decisions about child (education, healthcare, religion)
• Physical Custody: Where child lives day-to-day

Both can be joint or sole:

• Joint Legal Custody: Both parents share decision-making
• Sole Legal Custody: One parent makes major decisions
• Joint Physical Custody: Child spends substantial time with both parents
• Primary Physical Custody: Child primarily resides with one parent

Best Interest Standard

Courts determine custody based on child's best interest, considering:

• Safety of child
• Parental fitness and character
• Quality of relationship between child and each parent
• Ability to provide for child's needs
• Home environment stability
• Child's age and development
• History of domestic violence
• Continuity and adequacy of child's current arrangements
• Relative ability to assure child develops relationship with other parent
• Any other relevant factor

Child's Preference

While there's no specific age, judges may consider preferences of mature children (often age 12+). The older and more mature the child, the more weight given to preference.

Child Support

North Carolina uses income shares model under N.C.G.S. § 50-13.4:

Calculation

• Based on both parents' gross monthly income
• Number of children
• Worksheet A (primary custody), B (shared custody), or C (split custody)
• Health insurance costs
• Work-related childcare costs
• Extraordinary expenses

Gross Income Includes

• Wages, salaries, commissions, bonuses
• Self-employment income
• Rental income
• Retirement and pension income
• Social Security benefits
• Workers' compensation
• Unemployment insurance
• Investment income

Duration

Child support continues until:

• Child reaches age 18, unless still in high school (then until graduation or age 20, whichever comes first)
• Child becomes emancipated
• Child marries
• Child joins military
• Child dies
• Parent with custody dies (obligation may continue to new custodian)

Costs and Fees

Expected Timeline

• Separation Period: 1 year (mandatory)
• Uncontested Absolute Divorce: 1-2 months after filing (following 1-year separation)
• Total Time (Separation + Divorce): Minimum 13-14 months
• Contested Property/Alimony/Custody: Can add 6-24+ months

Frequently Asked Questions

Can you date during the 1-year separation in North Carolina?

Technically you're still married during separation. Dating could be considered adultery, which can affect alimony claims and property division. Most attorneys advise waiting until divorce is final, or at minimum until alimony and property distribution issues are resolved.

Can I file for divorce before the 1-year separation is complete?

No. You must wait the full 1 year before filing for absolute divorce. However, you should file for property distribution, alimony, and custody issues during the separation year to protect your rights.

What if my spouse refuses to leave the marital home?

One spouse must move out to establish separation. If there's domestic violence, you can seek a domestic violence protective order. Otherwise, you may need to be the one to move out. You can still claim rights to marital property even if you leave the home.

Do I need a separation agreement?

Not required, but highly recommended. A separation agreement is a contract that addresses property, debts, support, and custody. It's enforceable and can make the divorce process smoother. Have an attorney review it before signing.

Can we reconcile during the 1-year separation?

If you reconcile and resume living together, the 1-year clock resets. Any resumption of marital relations in the marital home typically restarts the separation period.

How much does a divorce cost in North Carolina?

An uncontested absolute divorce without attorney costs about $225-$300. If you also need property distribution and alimony, add $450+ in filing fees. With an attorney, expect $3,000-$10,000+ for uncontested, and $10,000-$25,000+ for contested divorces.