Getting Divorced in North Carolina: A Legal Guide

Before filing for divorce in North Carolina, understand the basic requirements: (1) At least one spouse must have been a resident of North Carolina for at least 6 months before filing; (2) You must be separated for at least one year with the intent that the separation be permanent; (3) North Carolina is a no-fault divorce state, meaning you don't need to prove wrongdoing.

Collect all relevant financial and personal documents including: marriage certificate, tax returns (last 3-5 years), pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, mortgage documents, loan statements, credit card statements, insurance policies, and lists of assets and debts.

In North Carolina, the divorce process begins with filing a Complaint for Absolute Divorce (not a Petition for Dissolution of Marriage). This document states the grounds for divorce (one-year separation), confirms residency requirements, and may include requests regarding property division, alimony, child custody, and support. You can obtain this form from the county clerk's office or online through the NC Judicial Branch website.

A Civil Summons (AOC-CV-100) must accompany your Complaint. This document officially notifies your spouse of the divorce action and provides them with the time frame to respond. In North Carolina, the defendant typically has 30 days to file an answer after being served.

File your Complaint for Absolute Divorce and Civil Summons with the Clerk of Court in the county where either you or your spouse resides. The filing fee is approximately $225 (subject to change). If you cannot afford the fee, you can apply for a waiver by filing a Petition to Proceed as an Indigent.

After filing, you must legally serve the papers to your spouse. In North Carolina, this can be done through: (1) Sheriff's service (fee approximately $30); (2) Certified mail with return receipt requested; (3) Acceptance of service by your spouse; or (4) Publication in a newspaper if your spouse cannot be located. You cannot personally hand the papers to your spouse.

If you're the one being served, you have 30 days to file an Answer to the Complaint. If you're the one who filed, wait for your spouse's Answer or the expiration of their response period. The Answer may agree with the divorce but contest issues like property division or custody.

North Carolina requires a detailed financial disclosure through an Affidavit of Financial Standing (similar to a Financial Disclosure Declaration). This document lists all assets, debts, income, and expenses. Be thorough and accurate, as false statements could result in penalties. This is particularly important if alimony, child support, or property division is contested.

In North Carolina, a Separation Agreement (similar to a Marital Settlement Agreement) is a legally binding contract that resolves issues of property division, debt allocation, and potentially spousal support. This is not required but highly recommended to avoid court battles over these issues. The agreement must be signed by both parties and notarized to be valid.

If you have minor children, create a detailed parenting plan addressing legal and physical custody, visitation schedules, holiday arrangements, transportation, communication between parents, and decision-making authority. North Carolina courts make custody decisions based on the 'best interest of the child' standard.

North Carolina uses the Income Shares Model for calculating child support. Complete the North Carolina Child Support Worksheet (either Worksheet A for primary custody, Worksheet B for joint custody, or Worksheet C for split custody). The calculation considers both parents' incomes, health insurance costs, childcare expenses, and other factors.

If retirement assets need to be divided, prepare a Qualified Domestic Relations Order (QDRO). This court order directs a retirement plan administrator to divide retirement benefits between spouses. Each retirement plan may have specific requirements, so consider consulting with a financial advisor or attorney specializing in QDROs.

After the required waiting periods (one year of separation and at least 30 days after service of the Complaint), request a court date for your divorce hearing. In some counties, you'll need to file a Notice of Hearing; in others, the clerk will schedule it automatically.

Draft the Judgment of Absolute Divorce (similar to a Final Decree of Divorce) for the judge to sign at your hearing. This document officially ends your marriage and may incorporate your agreements on property, support, and custody if they haven't been resolved in separate orders.

Attend your scheduled hearing. In uncontested cases, this is typically brief (5-10 minutes). You'll need to testify to basic facts: your name, marriage date, separation date, residency, and that the separation has been continuous with no resumption of the marital relationship. The judge will then sign the Judgment of Absolute Divorce if everything is in order.

After the judge signs your Judgment of Absolute Divorce, get several certified copies from the clerk's office (fees apply). You'll need these for various post-divorce matters like changing your name, updating financial accounts, and modifying insurance policies.

If child support or alimony is ordered, North Carolina typically requires an Income Withholding Order (similar to a Wage Withholding Order). This directs an employer to withhold support payments from the paying spouse's wages and send them to the North Carolina Child Support Centralized Collections.

Review and update your will, powers of attorney, healthcare directives, and beneficiary designations on life insurance policies and retirement accounts. Divorce does not automatically remove an ex-spouse from these documents in all cases under North Carolina law.

If you're returning to a former name, the divorce judgment can include this change. Use certified copies of your divorce judgment to update your name with Social Security, DMV, passport office, financial institutions, and other relevant entities.