North Carolina Divorce: What You Need to Know

Divorce, referred to as an absolute divorce in North Carolina, leads to the end of a marriage. In North Carolina, divorce cases are handled by the District Court in the county where either spouse resides.

How Does Divorce Work in North Carolina?

Couples are eligible for divorce only after they have been separated from each other for at least 12 continuous months. This means that one of the spouses has been living in a separate home and intends to make the separation permanent. To file for divorce in North Carolina, at least one spouse must be a resident and have lived there for at least six months. The divorce case must be filed in the county where either spouse resides, as required by law.

In North Carolina, the divorce process can proceed if the plaintiff meets eligibility requirements. This implies that once a party files for divorce, the other spouse does not have to sign any documents or attend court for the divorce hearing. However, the other spouse (respondent) must receive the official notice of the divorce case.

North Carolina also recognizes fault-based claims in related divorce proceedings, such as alimony or custody. The grounds for fault-based divorce include adultery, abandonment, cruel treatment, substance abuse, or reckless spending. While these claims do not impact the granting of the divorce decree itself, they may affect the matters related to financial settlements and custody.

There is no additional waiting period after the one-year separation, so that an uncontested divorce may be finalized in a few months. However, a contested divorce case may take a year or more to resolve, depending on the nature of the disputes and the scheduling of the trial.

Types of Divorce in North Carolina

North Carolina law provides for several types of divorce:

• Absolute divorce (no-fault): To obtain this divorce, spouses must have lived apart for one year. This is a common form of divorce in the state.
• Uncontested divorce: In this scenario, spouses agree on all property, custody, and financial issues. These cases are quicker, cheaper, and easier to resolve.
• Incurable Insanity: This is a special case where divorce is granted to couples after three years of separation due to the incurable insanity of one spouse..

North Carolina Divorce Court Process and Forms

Individuals may file for divorce in North Carolina in the District Court located in the county where either spouse lives. The plaintiff is required to file a Complaint, a Summons, a Domestic Civil Action Cover Sheet, and an Affidavit. According to the Session Law, divorcing parents are also required to participate in a Parent Education Program to address the needs of their children.

The other spouse, referred to as the defendant, must be served with a copy of the summons and complaint. The plaintiff may pay a fee for the sheriff to serve the defendant or have the document sent through certified mail. The defendant must respond to the divorce proceeding within 30 days.

A judge may order mediation to resolve issues related to child custody and division of property. If no agreement is reached, the case then proceeds to hearings and trial. A divorce is finalized when the judge signs a Judgment of Absolute Divorce, which concludes the marriage and establishes orders regarding child custody, property division, and alimony.

City- and County-Level Filing Details

Couples who have been living separately for at least one year and choose to make it permanent may file for divorce in their local county District Courts. Here are contacts for some of the state’s largest counties:

• Wake County (Raleigh):
  • Courthouse: Wake County Justice Center, 303 South Salisbury Street, Raleigh, NC 27601.
  • Services: The court provides online forms for divorce cases.
• Mecklenburg County (Charlotte):
  • Courthouse: Mecklenburg County Courthouse, 832 E. 4th Street, Charlotte, NC 28202.
  • Services: The Clerk provides filing instructions for the public.
• Guilford County (Greensboro/High Point):
  • Courthouse: Guilford County Courthouse, 201 S. Eugene Street, Greensboro, NC 27401.
  • Services: Online forms are available to the couples.
• Durham County (Durham):
  • Courthouse: Durham County Courthouse, 510 S. Dillard Street, Durham, NC 27701.
  • Services: The clerk provides filing packets to divorcing couples.
• Buncombe County (Asheville):
  • Courthouse: Buncombe County Courthouse, 60 Court Plaza, Asheville, NC 28801.
  • Services: A self-help center is available for couples.

How to Search for Divorce Records in North Carolina

In North Carolina, divorce records are maintained by the Clerk of Superior Court (District Court Division) in the county where the divorce was finalized. Interested parties may access the documents through:

• Visittothecourthouse: Individuals may obtain a copy of the divorce judgment from the clerk’s office in the county where the divorce was granted, subject to a fee.
• Online: The North Carolina Judicial Branch provides an eCourts Portal to access divorce records for certain counties.
• Vital Records: Parties interested in divorce records may obtain copies of divorce certificates from the North Carolina Vital Records.

Key Points

• Divorce in North Carolina is filed in the District Court of the county where either spouse lives.
• One spouse must live in the state for at least six months before filing a divorce case.
• North Carolina requires spouses to live apart for one year before filing for an absolute divorce.
• Divorcing parents are required to attend parenting education programs
• The public may obtain copies of divorce records or certificates from county clerks, online portals, or the North Carolina Vital Records office.