Divorce by state · North Carolina

Uncontested divorce in North Carolina (2026)

North Carolina calls it an absolute divorce, and its defining feature comes before you ever file: you and your spouse must have lived separate and apart for a continuous year, with at least one of you intending the separation to be permanent.

North Carolina quick facts

Filing court
District Court
Residency
One spouse must have lived in North Carolina for 6 months before filing
Waiting period
None
Grounds
One year of continuous separation
Court filing fee
$225
Fee waiver
Available

Verified against nccourts.gov on Jul 19, 2026

North Carolina calls it an absolute divorce, and its defining feature comes before you ever file: you and your spouse must have lived separate and apart for a continuous year, with at least one of you intending the separation to be permanent. That one-year separation is the ground for divorce, so there's no filing you can do to shorten it.

Once the year is met and one spouse has lived in North Carolina for six months, the divorce itself is one of the simpler ones in the country. You file a complaint for absolute divorce in the district court, serve your spouse, and after their response window closes you can usually get a judgment fairly quickly. Note an important quirk: a plain North Carolina divorce ends the marriage but does not divide property or set support unless you raise those claims before the judgment. Many couples settle property in a separation agreement during the year apart so the divorce filing itself stays simple.

County note. North Carolina's district courts are county-run, and some counties let you request the final judgment by motion for summary judgment without a hearing while others set a brief calendar date. Check your county clerk of court for local divorce-calendar practice.

North Carolina questions people actually ask

Do we really have to be separated a year first?
Yes. A full year of living separate and apart is the ground for an absolute divorce in North Carolina, and it must be complete before you file. There is no way to waive or shorten it.
Does the divorce divide our property?
Not by itself. An absolute divorce ends the marriage but does not divide property or set alimony unless you assert those claims before the judgment. Many couples handle that in a separation agreement first.
How fast is it once we've been separated a year?
Fairly fast. After filing and serving, and once your spouse's response window passes, many counties grant an uncontested absolute divorce within a month or two.

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