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The basics
Common questions
An absolute divorce in North Carolina requires a one-year separation period. After this period, the divorce process itself can be completed in as little as 30-60 days if uncontested, but may take longer if there are complex issues or court backlogs.
While it is possible to file for divorce without a lawyer in North Carolina, especially for uncontested cases, it is highly recommended to consult with an attorney to understand your legal rights and ensure all paperwork is filed correctly. Court staff cannot provide legal advice.
Yes, North Carolina is a no-fault divorce state. The primary ground for absolute divorce is a one-year separation of the parties with the intent that the separation be permanent. No specific marital misconduct needs to be proven.
North Carolina follows the principle of equitable distribution (G.S. 50-20). This means marital and divisible property is divided fairly, but not necessarily equally (50/50). The court considers various factors to determine an equitable division.
'Divorce from Bed and Board' is a court-ordered legal separation in North Carolina, not an absolute divorce. It can be granted on fault-based grounds such as abandonment, cruel treatment, or adultery, and allows parties to live separately while still legally married. It does not terminate the marriage.
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All 100 counties
Each county has its own Clerk of Courts where you file divorce paperwork. Find your county's e-filing portal and case search below.
Official sources