Divorce in North Carolina

North Carolina is nicknamed the Old North State, and divorce here is referred to as Absolute Divorce.

To file for divorce in North Carolina, either spouse must have resided in the state for at least six months regardless of whether you were married in NC or another state.1

North Carolina is a no-fault divorce state, which means there’s no need to prove that either spouse is responsible for the divorce. There are only two grounds for divorce in North Carolina, and must exist six months before filing:

  1. Separation for one year, or
  2. Living separate and apart for three consecutive years by reason of incurable insanity2

North Carolina has a divorce from bed and board, which is similar to a legal separation. Talk to a North Carolina divorce lawyer for more.

North Carolina is an equitable distribution property state, and only property acquired during the marriage is subject to division. North Carolina divorce laws attempt to distribute marital property in a manner believed to be fair and equitable. The judge will also consider factors such as economic misconduct, contributions to a partner’s education, and non-monetary contributions during the division of property case.3

1N.C.G.S. § 50-8

2N.C.G.S. § 50-6

3N.C. GEN. STAT. ANN. § 50-20