Uncontested divorce in North Carolina

Who can use the process for agreed cases 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.

Before you 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.

Law

N.C. Gen. Stat. 50-6, 50-8 · N.C. Gen. Stat. 50-6; NC Judicial Branch, Separation and Divorce

Forms, fees and filing in North Carolina

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).

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/

If your spouse agrees to sign

Your spouse can sign an Acceptance of Service in front of a notary.

If you agree on only some issues

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.

An uncontested divorce in North Carolina, step by step

1. 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.

2. See if you qualify for the simpler process

   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.

3. Fill in the official forms

   Use the court's official divorce forms: Divorce forms (North Carolina courts)

4. File, and pay the fee or ask for a waiver

   $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). Guide & File lets self-represented people prepare absolute divorce papers online (https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce).

5. Have your spouse sign or be served

   Your spouse can sign an Acceptance of Service in front of a notary.

6. 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.

7. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in North Carolina

More about divorce in North Carolina

• All North Carolina divorce laws
• North Carolina divorce forms and filing fees
• Alimony in North Carolina
• Child custody and support in North Carolina
• Serving divorce papers in North Carolina
• Divorce timeline estimator for North Carolina
• Divorce checklist for North Carolina
• Uncontested divorce: how it works
• Divorce waiting periods by state

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