How to File for Divorce in North Carolina
How to file for divorce in North Carolina: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: Either spouse must have been a North Carolina resident for at least six months before the divorce complaint is filed. N.C. Gen. Stat. §§ 50-6, 50-8
| Residency requirement | Either spouse must have been a North Carolina resident for at least six months before the divorce complaint is filed. Source: N.C. Gen. Stat. §§ 50-6, 50-8 |
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| Filing fee | Statutory court costs for a district court civil case include a $16 facilities fee, a $4 court technology fee and a $130 General Court of Justice fee, plus a $75 fee in every action for absolute divorce (a total of $225 from these items). The clerk collects these as advance costs except in suits by an indigent person. |
| Waiting period | Spouses must have lived separate and apart for one year before an absolute divorce can be granted on the separation ground; the statute does not require that the grounds have existed for an additional six months before filing in a one-year separation case. Source: N.C. Gen. Stat. §§ 50-6, 50-8 |
More North Carolina divorce & family law
- Getting a Marriage License in North Carolina
- Adopting a Child in North Carolina
- Guardianship of a Child or Adult in North Carolina
- Establishing Paternity in North Carolina
- Changing Your Name in North Carolina
- Child Custody Laws in North Carolina
- How Child Support Is Calculated in North Carolina
- Divorce Records in North Carolina
- Alimony and Spousal Support in North Carolina
- Legal Separation and Annulment in North Carolina
- All North Carolina divorce & family law rules
FAQ
How long do you have to live in North Carolina to file for divorce?
Either spouse must have been a North Carolina resident for at least six months before the divorce complaint is filed.
How much does it cost to file for divorce in North Carolina?
Statutory court costs for a district court civil case include a $16 facilities fee, a $4 court technology fee and a $130 General Court of Justice fee, plus a $75 fee in every action for absolute divorce (a total of $225 from these items). The clerk collects these as advance costs except in suits by an indigent person.
Is there a waiting period for divorce in North Carolina?
Spouses must have lived separate and apart for one year before an absolute divorce can be granted on the separation ground; the statute does not require that the grounds have existed for an additional six months before filing in a one-year separation case.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.