Family Law Resources

Filing for Divorce in North Carolina

Residency Requirements

At least one spouse must have been a resident of North Carolina for 6 months before filing.

1-Year Separation Requirement

North Carolina requires spouses to live separate and apart for 1 year before filing for absolute divorce. This is mandatory - there is no way around it.

Grounds for Divorce

• 1-year separation: Most common - spouses must live in separate residences


• Incurable insanity: Requires 3 years of separation and confinement

Step-by-Step Process

1. Separate for 1 year (different residences, not just bedrooms)


2. File Complaint for Absolute Divorce


3. Pay filing fee: Approximately $225


4. Serve your spouse: Personal service or certified mail


5. Wait 30 days for response (or get a waiver)


6. Attend brief hearing or submit for summary judgment


7. Divorce Judgment issued

Important Warning

File claims for property division and alimony BEFORE the divorce is finalized, or you lose those rights forever.

North Carolina Family Courts

Most family law cases in North Carolina are handled by the District Court. Divorce complaints are filed in District Court.

Major Court Locations

• Mecklenburg County (Charlotte): 832 E 4th St


• Wake County (Raleigh): Wake County Justice Center, 316 Fayetteville St


• Guilford County (Greensboro): 201 S Eugene St


• Forsyth County (Winston-Salem): 200 N Main St


• Durham County: 510 S Dillard St

Family Court Program

Some NC counties have a Family Court program that consolidates all family matters before one judge.

North Carolina Courts Self-Help

Visit nccourts.gov for official forms and self-help information.

Filing Fees in North Carolina

District Court Fees (2025)

• Complaint for Absolute Divorce: $225


• Custody Complaint: $225


• Motion to Modify: $30-$40


• Domestic Violence Protective Order: FREE

Fee Waiver (Petition to Sue as Indigent)

If you cannot afford fees, file a Petition to Sue/Appeal as Indigent (AOC-G-106). You may qualify if:

• You receive public assistance


• Your income is below 125% of poverty level


• You cannot afford basic necessities

Other Costs

• Sheriff service: $30


• Certified mail service: $15-$25


• Custody mediator: Often court-provided free


• Private mediator: $150-$350/hour

Free Legal Resources in North Carolina

Legal Aid Organizations

• Legal Aid of North Carolina: (866) 219-5262


• Charlotte Center for Legal Advocacy: (704) 376-1600


• Pisgah Legal Services: (800) 489-6144 (Western NC)


• Legal Services of Southern Piedmont: (704) 971-2621

NC Courts Self-Help

Visit nccourts.gov/self-help for free forms and instructions.

NC Free Legal Answers

NC Bar Association offers ncfreelegalanswers.org for free legal advice online.

Lawyer Referral

• NC Bar Association Lawyer Referral: (800) 662-7660


• Mecklenburg County Bar: (704) 375-8624

Critical Deadlines in North Carolina

1-Year Separation

Spouses must live separate and apart for 1 full year before filing for absolute divorce. This is mandatory.

Response Time

If served with a divorce complaint, you have 30 days to file an Answer.

Property and Alimony Claims

CRITICAL: Claims for equitable distribution (property) and alimony must be filed BEFORE the divorce is granted, or they are waived forever.

Custody Mediation

North Carolina requires mandatory mediation in contested custody cases before trial. This usually must be completed within 45-60 days of order.

Appeals

You have 30 days from entry of judgment to file a Notice of Appeal.

Support Modifications

Child support can be modified upon showing a substantial change in circumstances.

North Carolina's Unique Family Law Features

Mandatory 1-Year Separation

North Carolina is one of few states requiring a full year of living separate and apart before divorce. There are no exceptions.

Divorce Doesn't Include Property/Alimony

Unlike most states, in NC the divorce itself does not resolve property or alimony. These must be filed separately and before the divorce, or rights are waived.

Alienation of Affection & Criminal Conversation

North Carolina is one of only 6 states where you can sue a third party for breaking up your marriage (alienation of affection) or for having an affair with your spouse (criminal conversation).

Equitable Distribution

NC is an equitable distribution state with a presumption of 50/50 division of marital property, but the court can deviate based on 13 factors.

Alimony Depends on Fault

In NC, if the dependent spouse committed adultery, they are barred from alimony. If the supporting spouse committed adultery, alimony is required.

Mandatory Custody Mediation

Before any custody trial, parents must attend court-ordered custody mediation, usually provided free by the court.