North Carolina divorce at a glance
Confirm with your county before filing — fees and rules can vary.
Dissolution of marriage in North Carolina: the one-year-and-a-day rule
North Carolina runs on a single, unforgiving number: you must live separate and apart for one year and one day before you can file for absolute divorce. The “and one day” exists so the separation clearly spans two calendar years, and any brief reconciliation — even moving back in for a short time — restarts the clock from zero. It is the only no-fault route in the state, with no exception and no waiver.
Eligibility takes six months of North Carolina residency under N.C. Gen. Stat. § 50-8, and the marriage location does not matter. The complaint goes to the District Court, and the paperwork carries real form numbers: the AOC-CV-100 summons, the AOC-CV-200 complaint packet, the AOC-CV-750 civil cover sheet, and the AOC-CV-710 clerk judgment form.
The trap many people miss: claims for alimony and equitable distribution must be filed before the divorce judgment, or they are permanently waived. Child support follows the North Carolina Child Support Guidelines under N.C. Gen. Stat. § 50-13.4, and custody is decided on the best interests standard. The filing fee is $225, which includes the $75 absolute divorce fee.