How do you file for divorce in North Carolina?


Quick Answer

Someone can file for divorce in North Carolina after meeting the residency requirements and the spouses have lived separately for a certain period, according to WomensLaw.org. Typically, court appearances are then held to resolve any complaints from the served spouse, and a judge declares a divorce final after a hearing.

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Full Answer

One spouse has to live in North Carolina for at least six months to be able to file for divorce in the state. WomensLaw.org explains that unless the divorce falls under the insanity ground, the spouses have to have been living separately for a minimum of one year in order to file for divorce. The petitioner then files for divorce with the court located in the county in which the other spouse lives in, and the divorce complaint and summons is then delivered to the other spouse by certified mail or a sheriff.

A spouse who does not agree with the terms stated in the divorce papers can contest the divorce. In this case, court appearances are held to resolve the disputes. However, the spouse can also agree with the divorce terms upon delivery and sign the papers to perform an uncontested divorce. A spouse failing to respond to the divorce complaint and summons after a period of time also makes a divorce uncontested. The divorce is official when a judge signs a divorce declaration during a final hearing.

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