No-Fault Divorce in North Carolina – State Requirements and Documents

Seeking legal counsel on how to file for divorce in North Carolina?

North Carolina needs reasons for divorce, but there is one no-fault ground: “one-year separation.” If any other cause is given as grounds for divorce, the Plaintiff must state that it has been present for at least six (6) months.

Requirements for Residency

The North Carolina Court System will not award a divorce unless the parties have been legally separated for more than a year and at least one of the spouses has lived in North Carolina for at least six (6) months previous to filing for divorce. Legal separation is described as living apart from one another.

Complete your Forms

To start a divorce case, one spouse must file a Summons and Complaint in their own or their spouse’s County District Court. The Petitioner is the spouse who files the original Summons, while the Respondent is the opposite spouse. The Petitioner must serve the Summons and any other required forms on the Respondent after filing the Summons and any other relevant documents (the additional forms for serving vary by county). After being served, the Respondent must file a response with the same court within 30 days.

If the parties have reached an agreement and do not want to continue with a long trial, they may draft a Divorce Settlement Agreement using Generis Global simple interview procedure. The Divorce Settlement Agreement simplifies the distribution of property, assets, debts, and obligations, as well as the resolution of child support, custody, and visitation issues.

Unfortunately, the State of North Carolina does not provide divorce paperwork online. You must go to your local County Clerk’s Office and obtain divorce help.