Jan72026
Family Law Q&A Series

How long do I have to be separated before I can file for divorce in my state? – North Carolina

Short Answer

In North Carolina, a spouse can file for an absolute divorce after the spouses have lived separate and apart for at least one year (and at least one spouse has lived in North Carolina for six months before filing). “Separate and apart” generally means living in different residences, not just sleeping in different rooms. A brief attempt at reconciliation can reset the one-year clock, but isolated sexual encounters alone do not automatically restart it.

Understanding the Problem

In North Carolina family law, the key question is: how long must spouses live “separate and apart” before one spouse can file for an absolute divorce? This question usually comes up when a marriage ends quickly and one spouse wants to start the divorce case right away. It also matters because the “date of separation” often becomes the reference point for other issues that may run alongside the divorce case, including property division.

Apply the Law

North Carolina is a “no-fault” divorce state for most cases. The most common path to an absolute divorce requires that the spouses live separate and apart for one year and that at least one spouse has been a North Carolina resident for six months before filing. “Separate and apart” generally means living in different homes, with at least one spouse intending the separation to be permanent. The divorce is typically filed in District Court in the county where one spouse resides.

Key Requirements

  • One-year separation: The spouses must live separate and apart for at least 12 months before filing for absolute divorce.
  • Separate residences (not just separate bedrooms): Living under the same roof usually does not count as being “separate and apart,” even if the spouses do not share a bedroom.
  • Residency: At least one spouse must have lived in North Carolina for six months immediately before the divorce complaint is filed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a short marriage and a desire to file for divorce, with a dispute about whether the other spouse can claim an interest in a home owned before the relationship. Under North Carolina law, the ability to file for an absolute divorce generally still depends on completing one full year living separate and apart (plus meeting the six-month residency rule). The home dispute does not shorten the separation period, but the date of separation can become important for deciding what property is “marital” versus “separate” in a related property-division claim.

Process & Timing

  1. Who files: Either spouse. Where: North Carolina District Court (typically in the county where one spouse resides). What: A verified complaint for absolute divorce and a summons. When: After the spouses have lived separate and apart for at least one year, and after at least one spouse has lived in North Carolina for six months immediately before filing.
  2. Service and response: The filing spouse must have the other spouse served (or the other spouse may accept service). The other spouse has a deadline to respond after service, and the case can move forward by default if no response is filed, as long as the legal requirements are met.
  3. Judgment: If the paperwork is in order and the one-year separation and residency requirements are satisfied, the court can enter a judgment of absolute divorce. Timing varies by county and by how quickly service is completed and the case is calendared.

Exceptions & Pitfalls

  • Living in the same home: Many couples believe they are “separated” because they stopped acting like spouses, but if they still live under the same roof, the one-year clock usually has not started.
  • Restarting the clock: A true reconciliation—moving back in together and resuming the marital relationship—can restart the one-year separation period. By contrast, North Carolina law says isolated sexual intercourse does not automatically stop the one-year clock, but it can still create factual disputes if it looks like the marriage resumed.
  • Protecting property and support claims before the divorce is final: A divorce judgment can affect whether certain related claims remain available. When property division (including disputes about a premarital home) or spousal support is on the table, it is important to raise and preserve those claims in the right way and at the right time, rather than assuming the divorce alone “reserves” everything.

Conclusion

In North Carolina, filing for an absolute divorce usually requires that the spouses live separate and apart for one year, and that at least one spouse has lived in the state for six months before filing. “Separate and apart” typically means different residences, not separate bedrooms in the same home. The next step is to file a verified divorce complaint in North Carolina District Court after the one-year separation period has fully run.

Talk to a Family Law Attorney

If you’re dealing with a pending separation and questions about when a divorce can be filed (and how that timing affects property issues like a home owned before the marriage), our firm has experienced attorneys who can help explain options and timelines. 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.