Jan72026
Family Law Q&A Series

How do I file for divorce in the county where my spouse and I live? – North Carolina

Short Answer

In North Carolina, an absolute divorce case is filed with the Clerk of Superior Court in the county where either spouse lives. Most people start by filing a verified Complaint for Absolute Divorce (often based on one-year separation), then having the other spouse formally served with the Summons and Complaint. After service, the case still requires proof of the legal grounds for divorce before a judge (and sometimes through summary judgment paperwork), even if the other spouse does not respond.

Understanding the Problem

In North Carolina family law, the key decision is which county is the correct place to file an absolute divorce when both spouses live in the same county. The question focuses on the proper filing location (venue) and the basic filing steps through the county courthouse, not on property division, custody, or support. The usual starting point is filing a divorce complaint in the correct county and completing service so the court can move the case forward.

Apply the Law

North Carolina allows an absolute divorce when statutory requirements are met, and the case is filed in the proper county. For most divorces, the most common ground is that the spouses have lived separate and apart for one year. Venue is generally proper in the county where either spouse resides, and the complaint must be verified (signed under oath/affirmation in the manner required by the civil rules). The case is filed through the Clerk of Superior Court, and the divorce is typically finalized by a judge after the required proof is presented.

Key Requirements

  • Proper county (venue): The divorce case is filed in the county where either spouse resides. If both spouses live in the same county, that county is the usual filing location.
  • Residency and a legal ground: At least one spouse must meet North Carolina’s residency requirement, and the complaint must allege a valid ground for absolute divorce (most commonly one-year separation).
  • Verified complaint and proof: The complaint must be verified, and the court will require proof of the ground for divorce before entering the divorce judgment.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, both spouses live in the same North Carolina county, so venue is typically straightforward: the divorce can be filed in that county because either spouse resides there. The filing spouse still must meet the residency requirement and allege a valid ground for divorce (most commonly one-year separation). The complaint must be verified, and the case must be served and then proved to the court before a judge can sign the divorce judgment.

Process & Timing

  1. Who files: One spouse (the plaintiff). Where: The Clerk of Superior Court in the county where the spouses reside (or where either spouse resides). What: Typically a Civil Summons and a verified Complaint for Absolute Divorce (plus any county-required cover sheets). When: After the legal ground exists (for many cases, after one full year of living separate and apart) and after at least one spouse has met the six-month North Carolina residency requirement.
  2. Service of process: The plaintiff must have the Summons and Complaint served on the other spouse using a method allowed by North Carolina civil procedure (for example, sheriff service, certified mail in the manner permitted, or acceptance of service). The timeline to finish the case often depends on how quickly service is completed and documented with the court.
  3. Proving up the divorce and getting the judgment: After service, the plaintiff typically schedules a brief hearing or submits a summary-judgment packet (depending on local practice) to present proof of the required facts (especially the separation period and residency). If the judge is satisfied, the court enters a Judgment for Absolute Divorce.

Exceptions & Pitfalls

  • Filing in the wrong county: Even though many couples can file where either spouse lives, mistakes happen when a spouse recently moved or when the filing county does not match actual residence.
  • Verification problems: North Carolina requires a verified divorce complaint. Missing or improper verification can delay the case or require refiling or amendment.
  • No “automatic divorce” if the other spouse does nothing: North Carolina divorce procedure is different from many civil cases. Even if the other spouse does not file an answer, the plaintiff generally still must prove the grounds for divorce to the court before a judge will sign the judgment.
  • Separation timing misunderstandings: The one-year separation period usually requires living separate and apart with the intent to remain separated. If the separation date is unclear, it can create disputes or delay.
  • Related claims can be time-sensitive: Issues like alimony or equitable distribution can have important timing rules tied to the divorce. Even when the question is only where to file, it is important to avoid unintentionally giving up rights by waiting too long or filing without a plan.

Conclusion

In North Carolina, an absolute divorce is typically filed with the Clerk of Superior Court in the county where either spouse resides, which usually means the same county where both spouses live. The filing spouse must meet the six-month residency requirement and allege a valid ground for divorce, most often one-year separation. A verified complaint must be filed and properly served, and the court will require proof before entering the divorce judgment. Next step: file a verified Complaint for Absolute Divorce with the Clerk of Superior Court in the proper county after the one-year separation requirement is met.

Talk to a Family Law Attorney

If you’re dealing with filing an absolute divorce in the correct North Carolina county and want help confirming venue, preparing the verified paperwork, and tracking service and court timing, our firm has experienced attorneys who can help you understand your 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.