Jan72026
Family Law Q&A Series

What are the first steps to start a divorce when I just got married recently? – North Carolina

Short Answer

In North Carolina, the first practical step toward an absolute divorce is usually to start (and document) a true separation—living separate and apart—because most divorces require one full year of separation before a court can grant the divorce. Once the one-year separation requirement is met, the next steps are to file a verified divorce complaint in the proper county, have the other spouse served, and then ask the court to enter a divorce judgment. Even in a very short marriage, it is important to address property and support issues before the divorce is finalized.

Understanding the Problem

In North Carolina family law, the key question is what immediate steps start the divorce process when the marriage is very recent. The decision point is whether the situation calls for beginning a separation period that leads to an absolute divorce, or whether a different court process may apply based on how the marriage occurred. The process typically involves a spouse taking steps to establish a separation, then later filing paperwork in court to request a divorce once the legal timing requirements are satisfied.

Apply the Law

North Carolina’s most common path to an absolute divorce is based on a one-year separation. The spouses must live separate and apart for a full year, and at least one spouse must meet North Carolina’s residency requirement before filing. When it is time to file, the case is filed in the North Carolina court system (typically District Court within the county’s courthouse), and the other spouse must be formally served with the lawsuit papers.

Key Requirements

  • One-year separation: The spouses must live separate and apart for one continuous year before the court can grant an absolute divorce based on separation.
  • Residency: At least one spouse must have lived in North Carolina for the required period before filing for divorce.
  • Proper filing and service: The divorce starts in court by filing a verified complaint in the proper county and completing lawful service of process on the other spouse.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the marriage is very recent and one spouse is considering ending it. Under North Carolina’s usual divorce path, the first meaningful step is establishing a clear separation date and living separate and apart continuously until the one-year mark required for an absolute divorce. Because the initial call reached non-attorney staff, an early attorney consultation can help identify whether the situation fits the standard one-year-separation divorce path or whether another legal approach may apply based on how the marriage occurred and what needs immediate attention.

Process & Timing

  1. Who files: Either spouse. Where: The Clerk of Superior Court in the county where either spouse resides (the divorce is typically handled in District Court). What: A verified Complaint for Absolute Divorce and a Civil Summons. When: Commonly filed after the spouses have lived separate and apart for one full year if using the one-year separation ground.
  2. Service of process: The filing spouse must have the other spouse formally served (or obtain a lawful acceptance of service). The other spouse then has a deadline to respond under the North Carolina Rules of Civil Procedure.
  3. Requesting the divorce judgment: After service is complete and the case is ready under local court procedures, the filing spouse asks the court to enter a Judgment of Absolute Divorce. Counties often have local scheduling practices and paperwork preferences, so local rules and clerk procedures matter.

Exceptions & Pitfalls

  • Finalizing divorce before resolving money/property issues: Even in a short marriage, there may be property, debt, or support issues. In North Carolina, an absolute divorce can have important consequences for other claims, so it is often wise to get legal advice about what must be filed or preserved before the divorce judgment is entered.
  • Unclear separation date: The one-year clock depends on a clean separation. Mixing living arrangements or presenting as a couple again can create disputes about whether the separation was continuous.
  • Wrong county or incomplete service: Filing in an improper venue or failing to complete proper service can delay the case or require re-filing steps.
  • Confusing divorce with annulment: A very short marriage does not automatically qualify for an annulment. Annulment is limited to specific situations where the marriage is void or voidable under North Carolina law, and it is not the standard option for most short marriages.

Conclusion

In North Carolina, a recent marriage does not change the usual first steps for divorce: establish a clear separation and complete one continuous year living separate and apart before filing for an absolute divorce based on separation. After that year, the next step is to file a verified divorce complaint in the proper county courthouse and complete lawful service on the other spouse. The most important next step is to confirm the separation date and plan to file the divorce complaint as soon as the one-year separation requirement is met.

Talk to a Family Law Attorney

If you’re dealing with ending a very recent marriage and need to understand the separation timeline and the court filing steps, our firm has experienced attorneys who can help explain options and deadlines under North Carolina law. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.