North Carolina · Divorce laws · Updated Oct 2026
North Carolina divorce laws
Who can file for divorce in North Carolina, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in North Carolina
- Who can file (residency)
- You or your spouse must live in North Carolina now and have lived there for at least 6 months before you file.
- Waiting period
- You must live in separate homes for at least 1 year (a year and a day) before you can file, with at least one of you meaning it to be permanent. After your spouse is served, wait 30 days, then set a hearing. North Carolina has no faster fault-based divorce.
- Court
- District Court, filed with the Clerk of Superior Court in the county where you or your spouse lives
- Official forms
- Divorce forms (North Carolina courts)
- Court self-help
- Divorce self-help (North Carolina courts)
- Filing fee
- $225 to file for divorce; plus $30 for sheriff service or about $7 for certified mail; $10 extra to resume your maiden name (NC Divorce Packet, April 2026).
- If you can't afford the fee
- Petition to Proceed as an Indigent (form AOC-G-106) and, if asked, Civil Affidavit of Indigency (in the NC Divorce Packet).
- Simpler process for agreed cases
- NC Divorce Packet (and the free online 'Guide & File') for an absolute divorce when you only want the divorce: you've been separated 12 months, meet residency, and are not seeking alimony or property division. Your spouse doesn't have to agree or sign anything. The hearing is usually short.
- E-filing
- Guide & File lets self-represented people prepare absolute divorce papers online (https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce). Counties on the eCourts system accept filings through eFile NC: https://efilenc.tylertech.cloud/
- Law
- N.C. Gen. Stat. 50-6, 50-8 · N.C. Gen. Stat. 50-6; NC Judicial Branch, Separation and Divorce
Divorce in North Carolina, step by step
Check that you can file in North Carolina
You or your spouse must live in North Carolina now and have lived there for at least 6 months before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (North Carolina courts) NC Divorce Packet (and the free online 'Guide & File') for an absolute divorce when you only want the divorce: you've been separated 12 months, meet residency, and are not seeking alimony or property division.
File the papers and pay the fee, or ask for a waiver
File with the District Court, filed with the Clerk of Superior Court in the county where you or your spouse lives. Filing fee: $225 to file for divorce; plus $30 for sheriff service or about $7 for certified mail; $10 extra to resume your maiden name (NC Divorce Packet, April 2026). Can't afford it? Petition to Proceed as an Indigent (form AOC-G-106) and, if asked, Civil Affidavit of Indigency (in the NC Divorce Packet).
Serve your spouse
Have the sheriff serve your spouse ($30), or send the papers by certified mail, return receipt requested (about $7), and file an Affidavit of Service with the green card.
Your spouse responds
30 days after service (then you can set the hearing) The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
You must live in separate homes for at least 1 year (a year and a day) before you can file, with at least one of you meaning it to be permanent.
Agree, or go to mediation or a hearing
Required for disputed child custody and visitation where a court custody mediation program exists, unless the court waives it (e.g., for domestic violence). If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. After the divorce you can apply to the Clerk of Court to resume your maiden or premarriage name ($10 fee), or include the request in your divorce.
Free tools for North Carolina
Pre-set for North Carolina. They run in your browser and send nothing.
Divorce timeline estimator for North Carolina
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in North Carolina
- No-fault ground
- one year's separation (absolute divorce)
- Fault grounds
- Not available: no-fault only
- Living apart first
- Yes: 1 year living separate and apart before filing.
- Law
- N.C. Gen. Stat. 50-6 (incurable insanity under 50-5.1 is the only other ground; fault grounds apply only to divorce from bed and board, which is a court-ordered separation, not a divorce)
Property and debts in North Carolina
- System
- Equitable distribution
- The rule
- The court divides marital property equally unless it finds an equal split is not fair. Important: you must file a claim for equitable distribution before the divorce is final, or you lose the right forever.
- Law
- N.C. Gen. Stat. 50-20, 50-11
Alimony (spousal support) in North Carolina
A dependent spouse can get alimony from a supporting spouse if it is equitable. If the dependent spouse had illicit sexual behavior during the marriage (before separation), alimony is barred; if the supporting spouse did, alimony must be awarded. No formula for amount or length. You must ask for alimony (or post-separation support) before the absolute divorce is granted, or you lose the right. N.C. Gen. Stat. 50-16.3A, 50-11.
Children: custody and support in North Carolina
- What North Carolina calls custody
- custody and visitation
- Child support agency
- NC DHHS Child Support Services
Serving your spouse in North Carolina
- How your spouse gets the papers
- Have the sheriff serve your spouse ($30), or send the papers by certified mail, return receipt requested (about $7), and file an Affidavit of Service with the green card. Your spouse can sign an Acceptance of Service in front of a notary. If you can't find them, service by publication may be allowed.
- Time to respond
- 30 days after service (then you can set the hearing)
- Law
- NC Divorce Packet; N.C. R. Civ. P. 4, 12
Going back to a former name in North Carolina
Yes. After the divorce you can apply to the Clerk of Court to resume your maiden or premarriage name ($10 fee), or include the request in your divorce. N.C. Gen. Stat. 50-12.
Mediation in North Carolina
Required for disputed child custody and visitation where a court custody mediation program exists, unless the court waives it (e.g., for domestic violence). Money issues are not part of this mediation. N.C. Gen. Stat. 50-13.1.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in North Carolina: North Carolina domestic violence protective orders (50B): https://www.nccourts.gov/help-topics/domestic-violence
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Free help in North Carolina
Good to know in North Carolina
- You must be separated for a full year before filing; fault doesn't shorten it. (G.S. 50-6)
- If you don't file for property division or alimony before the divorce is final, you lose those rights forever. (G.S. 50-11; NC Courts)
- Marital misconduct matters for alimony: illicit sexual behavior by the dependent spouse bars alimony. (G.S. 50-16.3A)
Changes in 2024–2026
G.S. 50-13.1 (custody mediation) was amended by S.L. 2024-26. The NC Divorce Packet was updated April 2026.
Divorce checklist for North Carolina
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in North Carolina
How long do you have to live in North Carolina to file for divorce?
You or your spouse must live in North Carolina now and have lived there for at least 6 months before you file.
How long does a divorce take in North Carolina?
You must live in separate homes for at least 1 year (a year and a day) before you can file, with at least one of you meaning it to be permanent. After your spouse is served, wait 30 days, then set a hearing. North Carolina has no faster fault-based divorce.
What are the grounds for divorce in North Carolina?
North Carolina's no-fault ground is one year's separation (absolute divorce). North Carolina has no fault grounds. Yes: 1 year living separate and apart before filing.
Is North Carolina a community property state?
No. North Carolina uses equitable distribution. The court divides marital property equally unless it finds an equal split is not fair. Important: you must file a claim for equitable distribution before the divorce is final, or you lose the right forever.
How much does it cost to file for divorce in North Carolina?
$225 to file for divorce; plus $30 for sheriff service or about $7 for certified mail; $10 extra to resume your maiden name (NC Divorce Packet, April 2026).
Can I get the divorce filing fee waived in North Carolina?
Petition to Proceed as an Indigent (form AOC-G-106) and, if asked, Civil Affidavit of Indigency (in the NC Divorce Packet).
Is there a simpler divorce process in North Carolina?
NC Divorce Packet (and the free online 'Guide & File') for an absolute divorce when you only want the divorce: you've been separated 12 months, meet residency, and are not seeking alimony or property division. Your spouse doesn't have to agree or sign anything. The hearing is usually short.
How long does my spouse have to respond in North Carolina?
30 days after service (then you can set the hearing)
Can I change my name back in a divorce in North Carolina?
Yes. After the divorce you can apply to the Clerk of Court to resume your maiden or premarriage name ($10 fee), or include the request in your divorce. N.C. Gen. Stat. 50-12.
Is mediation required in a divorce in North Carolina?
Required for disputed child custody and visitation where a court custody mediation program exists, unless the court waives it (e.g., for domestic violence). Money issues are not part of this mediation. N.C. Gen. Stat. 50-13.1.
How does alimony work in North Carolina?
A dependent spouse can get alimony from a supporting spouse if it is equitable. If the dependent spouse had illicit sexual behavior during the marriage (before separation), alimony is barred; if the supporting spouse did, alimony must be awarded. No formula for amount or length. You must ask for alimony (or post-separation support) before the absolute divorce is granted, or you lose the right. N.C. Gen. Stat. 50-16.3A, 50-11.