North Carolina has no-fault divorces which means that a spouse can divorce another spouse any time after one year and one day of physical separation. Now that same-sex marriage is legal in the United States, same-sex spouses can also get divorced in this state. The requirements are that either spouse live in North Carolina for at least six months prior to filing, that the parties be physically separated for at least one year and that at least one party wishes the separation to become permanent.

To get a divorce in North Carolina, someone must file a Complaint for Divorce and serve that Complaint and Summons on the other spouse. After the spouse responds, or after 30 days, the filing party can schedule a hearing to ask the judge to sign a divorce decree. In some counties, those decrees are signed on administrative court days. In other counties, they are typically done during calendar calls or out of session.

Getting a divorce is only one part of the process of dissolving a marriage, Often there are other issues that need to be handled including division of marital assets, spousal support, child custody and child support.  

Call: (919) 883-4900

DIVORCE: Frequently Asked Questions