Divorce in North Carolina
State-specific overview · Family Law
North Carolina requires a one-year separation before either spouse can file for divorce.
How North Carolina treats Divorce
North Carolina does not recognize fault-based divorce; instead, you must live separate and apart for at least one year with the intent that the separation be permanent. After meeting the one-year separation requirement, either spouse can file for absolute divorce without proving any wrongdoing. Property and custody are handled separately from the divorce action itself, and North Carolina follows equitable distribution principles.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in North Carolina.