North Carolina divorce filing requires meeting a mandatory 1-year separation period and a 6-month residency requirement before you can file with the District Court. This comprehensive checklist covers everything you need for filing for divorce in North Carolina: residency rules under G.S. 50-6, the separation requirement, required AOC forms (AOC-CV-100, AOC-CV-750, AOC-G-250), and filing fees of $225 plus $30 for sheriff service. Whether you're planning an uncontested divorce or preparing for a contested case, this guide provides a clear roadmap for 2025.
North Carolina Divorce Residency Requirements
Before you can file for divorce in North Carolina, you must meet the state's residency requirement. Under G.S. 50-6, at least one spouse must have resided in North Carolina for at least 6 months immediately preceding the filing of the divorce action.
You will file in the District Court (General Court of Justice, District Court Division) in a county where either spouse resides. Under G.S. 50-3, venue is proper in any county where either party lives. Only one spouse needs to meet the 6-month residency requirement.
The Mandatory 1-Year Separation Requirement
North Carolina is unique in that it requires couples to live "separate and apart" for at least one year before they can file for absolute divorce. This is the state's no-fault ground for divorce. "Separate and apart" means you must live in separate residences with at least one spouse intending the separation to be permanent.
Under G.S. 52-10.2, isolated sexual encounters during the separation period do not restart the one-year clock. However, a full resumption of marital relations may interrupt the separation period. The 1-year separation must be complete before you can file your divorce complaint. For a complete breakdown of expected timelines including the separation period and court processing, see our North Carolina divorce timeline guide.
Required Forms for North Carolina Divorce Filing
North Carolina provides a comprehensive, free North Carolina Divorce Packet published by the NC Judicial Branch. The packet includes step-by-step instructions and all necessary forms for a simple absolute divorce. The primary forms you'll need include:
- Complaint for Absolute Divorce: The main pleading that initiates your divorce case
- Verification: Sworn statement verifying the complaint
- AOC-CV-750: Domestic Civil Action Cover Sheet
- AOC-CV-100: Civil Summons for serving the other party
- AOC-G-250: Servicemembers Civil Relief Act (SCRA) Declaration (required before default judgment)
- AOC-CV-712: Judgment for Absolute Divorce Before Judge (template for final order)
- AOC-CV-711/DHHS 2089: Certificate of Absolute Divorce or Annulment (for vital records)
All forms are available as free downloads from the NC Courts website. Many counties also offer e-filing through the eCourts File & Serve system.
Filing in North Carolina District Court
You will file your divorce case in the District Court for the county where you or your spouse resides. As of July 2025, 87 North Carolina counties accept e-filing through eCourts File & Serve, the state's official e-filing portal powered by Odyssey. Attorneys are required to e-file in these counties; self-represented litigants may e-file or file in person at the Clerk of Court.
Counties not yet live on eCourts still require traditional paper filing at the Clerk's office. Check the eCourts website to confirm whether your county accepts e-filing and to access training materials.
Calculate Your Estimated Divorce Costs
Before filing, it's helpful to understand the full financial picture of your North Carolina divorce. Use our free calculator to get a personalized estimate based on your specific situation and county.
Divorce Cost Calculator
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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
North Carolina Divorce Filing Fees
The filing fee for an absolute divorce in North Carolina is $225 statewide. This total reflects the District Court civil filing costs plus a $75 divorce surcharge earmarked for the Domestic Violence Center Fund under G.S. 7A-305(a2). For strategies on managing divorce expenses, see our guide to saving money on divorce.
Additional costs include:
- Sheriff service: $30 per defendant under G.S. 7A-311 (if you choose sheriff service instead of certified mail or acceptance)
- Name resumption: $10 if you wish to resume your former or premarriage surname under G.S. 50-12
If you cannot afford the filing fees, North Carolina provides a fee waiver process. You can file an AOC-G-106 Petition to Proceed as an Indigent with the Clerk of Court to request a waiver of advance costs.
Service of Process and Response Deadlines
After filing your complaint, you must properly serve your spouse with the divorce papers. Valid service methods under North Carolina Rule 4 include:
- Personal delivery: By sheriff, process server, or authorized agent
- Certified or registered mail: With return receipt
- Designated delivery service: UPS, FedEx, or USPS signature confirmation
- Acceptance of service: Signed acceptance by your spouse (expedites the process)
North Carolina does not allow service by email. The respondent has 30 days from service to file an Answer. If no Answer is filed, you can seek a default and move for judgment. For simple divorces where only the divorce claim is pending and the defendant has defaulted or waived answering, the clerk may enter the divorce judgment under G.S. 50-10(e); otherwise, a short hearing before a district judge is required.
Frequently Asked Questions
Do I have to wait a year before filing for divorce in North Carolina? Yes. North Carolina requires couples to live separate and apart for at least one full year before filing for absolute divorce. This is the mandatory separation period and cannot be waived.
What does "separate and apart" mean? It means you and your spouse must live in separate residences with at least one spouse intending the separation to be permanent. You cannot live in the same house, even in separate bedrooms, and meet this requirement.
What happens to property division and alimony if I file for divorce first? This is critical: under G.S. 50-11(e), entry of an absolute divorce judgment terminates rights to equitable distribution (property division) unless that claim was filed before the divorce judgment. Alimony or post-separation support claims must likewise be pending to survive the divorce. If you need property division or alimony, file those claims before or simultaneously with your divorce complaint.
