North Carolina | Divorce.Pro

Uncontested Divorce in North Carolina

To qualify for an uncontested divorce (called “dissolution of marriage”) in North Carolina, the following must apply:

Residency:
Either you or your spouse must have lived in North Carolina for at least 6 months prior to filing.
Separation
- NYou and your spouse must have lived separately and apart (in separate residences) for at least 1 continuous year.
- At least one spouse must have intended the separation to be permanent.
Grounds for Divorce:

North Carolina allows no-fault divorce based solely on:
- One year of separation
- No misconduct or blame is required.
Full Agreement (for Uncontested Divorce)
While the divorce itself can be granted without resolving other issues, an uncontested divorce assumes both parties agree on:
- Division of assets and debts
- Spousal support (alimony), if any
- Child custody, parenting time, and support (if applicable)

You will typically need:

2. File the Forms

File in the Clerk of Superior Court in the county where either spouse resides.
Pay the filing fee: typically $225.
Request a fee waiver using the Petition to Proceed as an Indigent if you can't afford the fee.

3. Serve the Other Spouse

Serve your spouse with the Complaint and Summons using:
- Sheriff’s service (~$30), or
- Certified mail with return receipt

4. Schedule a Divorce Hearing

5. Attend the Hearing

Bring a copy of the Judgment of Absolute Divorce for the judge to sign
The hearing is usually brief; you’ll confirm under oath that the legal requirements are met.

6.Receive the Final Divorce Judgment

With Children:
- You must agree on custody, visitation, and support
- Child support follows state guidelines and may require additional forms
Equitable Distribution:
- North Carolina divides marital assets and debts based on fairness, not automatically 50/50
- File a separate claim for property division before the divorce is granted or you may lose the right to do so
Alimony:
- Must be claimed before the divorce is finalized
- You lose the right to seek spousal support once divorced unless it's already part of your case
Legal Advice Recommended:
- Even in uncontested cases, legal review is wise—especially if real estate, retirement accounts, or children are involved