Dec262025
Family Law Q&A Series

Does it matter whether I file in the county where I live or where my spouse lives? – North Carolina

Short Answer

In North Carolina, an absolute divorce case is generally filed in the county where either spouse resides. In an uncontested divorce, that usually means filing in either county works as long as North Carolina has residency jurisdiction and service is handled correctly. However, venue can still matter if one spouse challenges it on time, or if the filing spouse later moves out of North Carolina, which can trigger a required transfer to the other spouse’s county.

Understanding the Problem

In a North Carolina uncontested divorce, can the filing spouse choose to file in the county where the filing spouse lives or in the county where the other spouse lives? If the spouses live in different counties and one spouse is temporarily working out of state, does the choice of county affect whether the divorce can move forward smoothly, including service of the papers and whether a court appearance is required?

Apply the Law

North Carolina separates (1) whether the state’s courts have authority to grant the divorce (jurisdiction) from (2) which North Carolina county is the correct place to file (venue). For venue in divorce, the summons is generally returnable in the county where either the plaintiff or the defendant resides. Venue objections can be waived if the defendant does not demand transfer within the time allowed to respond, but special venue rules can apply if the plaintiff is a nonresident when filing or if a plaintiff later leaves North Carolina after filing while both spouses were North Carolina residents when the case started.

Key Requirements

  • North Carolina residency jurisdiction: At least one spouse must have lived in North Carolina for the required period before filing, or the court may not have authority to grant a divorce.
  • Proper county (venue): The divorce is generally filed in the county where either spouse resides at filing.
  • No timely venue challenge (or consent): Even if venue is not ideal, the case often proceeds unless the defendant timely demands transfer to the proper county.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the goal is an uncontested North Carolina divorce and the spouses live in different North Carolina counties, venue usually permits filing in either spouse’s county of residence. The county choice can still affect logistics, such as local scheduling practices and whether a transfer motion is likely if the other spouse prefers a different county. If the filing spouse is treated as a nonresident at filing (for example, by moving out of North Carolina rather than working temporarily out of state), North Carolina law can require filing in the other spouse’s county and can require stricter service methods.

Process & Timing

  1. Who files: The spouse seeking the divorce (plaintiff). Where: The Civil Division of the Clerk of Superior Court in the selected North Carolina county (generally, the county where either spouse resides). What: A verified Complaint for Absolute Divorce and a Civil Summons, plus required local cover sheets if the county uses them. When: After meeting North Carolina’s residency requirement and the one-year separation requirement for absolute divorce.
  2. Service: After filing, the plaintiff must properly serve the defendant. Common methods include sheriff service, certified mail (return receipt requested), or the defendant signing an Acceptance of Service (if done correctly). Improper service can delay the divorce even if everything is otherwise agreed.
  3. Uncontested finish: After the waiting period following service runs and the defendant does not contest, the plaintiff requests that the case be set for an uncontested divorce hearing (or handled by affidavit if the county allows that procedure). The court then enters a Judgment of Absolute Divorce.

Exceptions & Pitfalls

  • Working out of state vs. becoming a nonresident: Temporary out-of-state work does not always change North Carolina residency, but moving out of North Carolina can create venue problems if the plaintiff is a nonresident when filing or later ceases to be a North Carolina resident.
  • Mandatory removal in some situations: If both spouses were North Carolina residents when the case started, the case was filed in the plaintiff’s county, and the plaintiff later moves out of state and stops being a North Carolina resident, the defendant can seek removal to the defendant’s county under the divorce venue statute.
  • Assuming “uncontested” means no paperwork: If there is no signed separation agreement, the divorce judgment typically only ends the marriage. Issues like custody, support, and property can require separate paperwork and can be waived or lost if not handled correctly and timely.
  • Service mistakes: Certified mail problems (wrong address, unsigned green card, wrong signer) and informal “I got it” texts do not equal legal service. Improper service can force refiling or delay the hearing.

Conclusion

In North Carolina, an absolute divorce is generally filed in the county where either spouse resides, so filing in either spouse’s county usually works in an uncontested case. Venue can still matter if the defendant timely demands transfer, or if the plaintiff is (or becomes) a nonresident, which can trigger special venue and removal rules. A practical next step is to file the verified divorce complaint with the Clerk of Superior Court in the chosen county and complete proper service on the other spouse promptly.

Talk to a Family Law Attorney

If you’re dealing with an uncontested separation-based divorce where spouses live in different North Carolina counties (or one spouse is temporarily out of state), our firm has experienced attorneys who can help you choose the right filing county, handle e-filing, and confirm service and scheduling requirements. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.