Summary of North Carolina Divorce

GROUNDS FOR DIVORCE:

There are only two grounds for divorce in North Carolina.

1. One-year separation. It requires to tell the truth under oath, and to assert that you and your spouse have been living separate and aside for one-year period. The marital relationship should not have resumed at any point during the separation period It would not be enough to live in separate bedrooms, or to not engaged in acts of sexual intercourse. You must live in separate residences during that year. You do not need to file any papers to document the beginning of your separation; your assertion under oath will suffice to prove that the year has elapsed.
   
   
2. Incurable Insanity. However, this is rarely used.
   
   

RESIDENCY REQUIREMENTS:

There are only two requirements for filing for divorce in North Carolina:

1. You must have been a resident of North Carolina for at least (6) six months, and
   
   
2. You must have been living separately from your spouse for at least one year and one day on the day that you file.
   
   

COMMENCING YOUR CASE:

1. You are required to prepare 3 (three) copies of a divorce Complaint and Summons and have the complaint verified and notarized.
   
   
2. You are required to take the documents and the $90 filing fee to your county courthouse. File the papers.
   
   
3. You are required to serve the papers on your spouse either by sheriff, certified mail, or other manner designated by statute.
   
   
4. You are required to file a proof of service with the court.
   
   
5. Thirty days after the other party is served, file a notice of hearing for the divorce.
   
   
6. You are required to take 3 copies of a judgment with you to court on the day of the hearing.
   
   
7. You are required to testify that the facts in your Complaint are true and that you want a divorce
   
   
8. The judge will sign your divorce judgment.