Divorce in North Carolina: Laws, Requirements, and Process
A complete guide to getting a divorce in North Carolina. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 1 year of separation required before filing.
- Filing fee: $200 - $250.
Grounds for Divorce
North Carolina allows no-fault divorce. The no-fault ground is: Living separate and apart for 1 year.
North Carolina is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
6 months in the state.
Property Division
North Carolina is an equitable distribution state. North Carolina follows equitable distribution with a presumption of equal division. Courts divide marital property equally unless the court determines that an equal division is not equitable, considering factors such as the income and earning capacity of each party, the duration of the marriage, and the liquid or non-liquid character of the property.
Alimony / Spousal Support
North Carolina courts may award alimony to a dependent spouse based on factors including marital misconduct, the earnings and earning capacity of each party, the ages and health of the parties, the amount and sources of income, the duration of the marriage, the contribution of one party to the education of the other, and the standard of living during the marriage. Adultery by the dependent spouse bars alimony.
Child Custody
North Carolina courts determine custody based on the best interest of the child. Factors include the safety of the child, any acts of domestic violence between the parents, and the specific needs of the child. The court may consider any relevant factor.
Child Support
North Carolina uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, the custody arrangement, and costs for health insurance, childcare, and extraordinary expenses.
Filing Fee
The filing fee for divorce in North Carolina is $200 - $250. Fee waivers may be available for those who cannot afford to pay.
North Carolina court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in North Carolina?
North Carolina requires that spouses have lived separate and apart for at least 1 year before filing for an absolute divorce. This is the state's no-fault ground. There are no fault-based grounds for absolute divorce (though fault may be relevant to alimony).
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How long do you have to live in North Carolina to file for divorce?
At least one spouse must have been a resident of North Carolina for at least 6 months before filing for divorce.
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How is property divided in a North Carolina divorce?
North Carolina uses equitable distribution with a presumption of equal division. The court divides marital property equally unless it finds that an equal split would not be equitable based on specific statutory factors.
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How long does a divorce take in North Carolina?
North Carolina requires a mandatory 1-year separation period before filing. After that, uncontested divorces can be finalized in approximately 2 to 3 months. Property division and alimony claims must be filed before or during the divorce.