North Carolina Divorce Self-Help Tools

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The basics

North Carolina divorce at a glance

How property is divided Equitable distribution — fair, but not always 50/50 (G.S. 50-20)
Filing fee ~$225 (plus $10 if resuming maiden name)
Residency requirement One spouse must have resided in North Carolina for at least six months prior to filing
Waiting period 1 year separation required before filing for absolute divorce (G.S. 50-6)
Fault required? No — irreconcilable differences is sufficient (evidenced by one-year separation)
Mediation Required in contested child custody and visitation cases (G.S. 50-13.1, G.S. 7A-38.4A)
Typical uncontested cost ~$1,200 (includes filing fees and basic attorney fees)

Common questions

What people ask us

How long does a divorce take in North Carolina?

An absolute divorce in North Carolina requires a one-year separation period. After this period, the divorce process itself can be completed in as little as 30-60 days if uncontested, but may take longer if there are complex issues or court backlogs.

Do I need a lawyer to get divorced in North Carolina?

While it is possible to file for divorce without a lawyer in North Carolina, especially for uncontested cases, it is highly recommended to consult with an attorney to understand your legal rights and ensure all paperwork is filed correctly. Court staff cannot provide legal advice.

Is North Carolina a no-fault divorce state?

Yes, North Carolina is a no-fault divorce state. The primary ground for absolute divorce is a one-year separation of the parties with the intent that the separation be permanent. No specific marital misconduct needs to be proven.

How is property divided in North Carolina divorce?

North Carolina follows the principle of equitable distribution (G.S. 50-20). This means marital and divisible property is divided fairly, but not necessarily equally (50/50). The court considers various factors to determine an equitable division.

What is 'Divorce from Bed and Board' in North Carolina?

'Divorce from Bed and Board' is a court-ordered legal separation in North Carolina, not an absolute divorce. It can be granted on fault-based grounds such as abandonment, cruel treatment, or adultery, and allows parties to live separately while still legally married. It does not terminate the marriage.

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