Jan72026
Family Law Q&A Series

Do I have to hire a divorce lawyer who practices in my county, or can I use someone from another county? – North Carolina

Short Answer

In North Carolina, a divorce case must be filed in the county where either spouse lives, but the attorney does not have to be based in that county. Any lawyer licensed by the North Carolina State Bar can generally represent a client in a divorce filed in another North Carolina county. Some firms still choose not to take cases outside certain counties for practical reasons (travel, scheduling, local filing practices), not because the law requires a “county-only” lawyer.

Understanding the Problem

In a North Carolina divorce, the key decision point is whether the law requires hiring a lawyer who “practices” in the same county where the divorce will be filed. The issue comes up when both spouses live in one county, the divorce must be filed there, and a law firm from another county declines the case because it does not serve that county. The question focuses on attorney location versus the county where the court case must be filed and handled.

Apply the Law

North Carolina law focuses on where the divorce case is filed (venue) and whether North Carolina courts have authority to grant the divorce (jurisdiction). Venue for a divorce is generally the county where either spouse resides. Separately, a lawyer’s ability to represent someone in court depends on whether the lawyer is licensed in North Carolina, not on the lawyer’s office location. Firms may limit their service area as a business decision, especially when the case requires in-person court appearances or frequent courthouse filings.

Key Requirements

  • Proper county for filing (venue): A divorce case is typically filed in the county where either spouse lives.
  • North Carolina residency (jurisdictional requirement): At least one spouse must meet North Carolina’s residency requirement before filing for divorce.
  • Attorney licensing (who can represent a party): A lawyer licensed in North Carolina can generally appear in North Carolina courts statewide; the lawyer does not have to be “from” the filing county.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe both spouses living in the same North Carolina county, which usually makes that county a proper place to file the divorce under North Carolina’s venue rule. Nothing in North Carolina’s divorce venue statutes requires the attorney’s office to be located in that county; the key is that the lawyer is licensed in North Carolina. A firm may still decline the case because it does not handle matters in that county due to travel time, local filing logistics, or court scheduling practices.

Process & Timing

  1. Who files: One spouse (the plaintiff). Where: The Clerk of Superior Court in the county where either spouse resides in North Carolina. What: A divorce complaint (verified) and a civil summons, then service under North Carolina civil rules. When: After meeting the six-month North Carolina residency requirement alleged in the complaint.
  2. Service and response: After service, the other spouse (the defendant) has a deadline to respond under the North Carolina Rules of Civil Procedure. If the case was filed in an improper county, venue objections generally must be raised early or they may be waived.
  3. Moving the case forward: Depending on the type of divorce and whether other claims are filed (like custody, support, or property division), the case may proceed by paperwork, hearings, or both. Local courthouse procedures can affect how quickly filings are processed and whether in-person appearances are required.

Exceptions & Pitfalls

  • Nonresident filing rules: If the filing spouse is a nonresident, North Carolina law can require filing in the defendant’s county and personal service or accepted service, which can limit “choice of county.”
  • Venue challenges can be waived: Even if a case starts in the wrong county, the other spouse may waive the objection by not raising it on time. That can create avoidable motion practice if the county choice is disputed.
  • Practical, not legal, limits: Some cases require multiple courthouse trips (temporary hearings, mediation settings, compliance calendars). A lawyer from another county may charge for travel time or may not be able to attend on short notice if the court schedules quickly.

Conclusion

North Carolina generally requires a divorce to be filed in the county where either spouse resides, but it does not require hiring a lawyer whose office is in that county. The key is hiring a lawyer licensed in North Carolina who is willing and able to handle filings and court events in the county where the case is pending. The most important next step is to file the divorce complaint with the Clerk of Superior Court in the proper county after meeting the six-month North Carolina residency requirement.

Talk to a Family Law Attorney

If dealing with a North Carolina divorce filing in a county where a firm says it does not serve, a family law attorney can explain venue, timing, and practical options for moving the case forward. 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.