Divorce in North Carolina
North Carolina requires one year of continuous separation before filing for an absolute divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a North Carolina resident for six months. North Carolina is a no-fault state for absolute divorce.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
1 year of separation required
Filing Fee
$225-$350
Property Division
equitable distribution
Grounds for Divorce
- •One year of continuous separation
- •Incurable insanity with 3 years separation
Key Facts
- ★North Carolina requires 1 year of continuous separation before filing
- ★Property division claims must be filed before the divorce is finalized
- ★At least one spouse must have been a North Carolina resident for 6 months
- ★Fault can affect alimony even though the divorce itself is no-fault
- ★Post-separation support is available while the divorce is pending
Child Custody
North Carolina courts determine custody based on the best interests of the child. The court may consider any factor affecting the welfare of the child, including each parent's ability to provide care, the safety of the child, and the child's own wishes if of sufficient age.
Alimony / Spousal Support
North Carolina courts may award alimony to a dependent spouse based on factors including marital misconduct, the relative earnings of each spouse, the duration of the marriage, and the needs of each party. Illicit sexual behavior during separation can bar or require alimony.
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Common questions about divorce in North Carolina
Yes. North Carolina requires at least one year of continuous separation before you can file for an absolute divorce. During this time, the spouses must live in separate residences. Temporary reconciliation attempts may restart the one-year clock.
Yes. In North Carolina, if the dependent spouse committed adultery, they may be barred from receiving alimony. Conversely, if the supporting spouse committed adultery, the court must award alimony. Illicit sexual behavior during separation is a key factor.