Residency Requirements

Before filing for divorce in North Carolina, either spouse must have been a resident of the state for at least six months prior to filing.

Grounds

North Carolina’s grounds for divorce are living separate and apart without cohabitation for one year’s time, or living separate and apart due to incurable insanity for three years, without cohabitation.

North Carolina does not recognize no-fault grounds for divorce.

Child Custody

As long as the court deems the parents’ decisions to be in the best interests of the child(ren), the parents are free to decide their children's custody issues. North Carolina’s court system does not give preferential treatment to any one gender when determining child custody. The court considers all factors in preserving the best interests of the child.

Child Support

North Carolina’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes, as well as certain child related expenses, are taken into consideration when determining child support obligations. The child support obligation will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.

Venue

A divorce proceeding in North Carolina may be brought in the county where either spouse resides.

Mediation

Before or after the divorce has been initiated, the parties may agree to submit disputed issues to mediation. If an agreement has been made in mediation, the parties may proceed on an uncontested basis in court.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.