Jan72026
Family Law Q&A Series

Is there a waiting period or minimum time I have to be married before I can get divorced? – North Carolina

Short Answer

In North Carolina, there is no minimum length of marriage required to file for divorce. The practical “waiting period” is usually the requirement that spouses live separate and apart for at least one year before an absolute divorce can be granted. In most cases, at least one spouse must also have lived in North Carolina for six months before the divorce case is filed.

Understanding the Problem

In North Carolina family law, the key question is not how long the marriage has lasted, but whether the spouses have met the legal conditions to end the marriage through an absolute divorce. Can a spouse end a very short marriage, and if so, what is the required separation time and residency trigger before filing in North Carolina court?

Apply the Law

North Carolina’s most common path to an absolute divorce is “no-fault” divorce based on a one-year separation. That means the court focuses on whether the spouses have lived separate and apart for the required time, and whether at least one spouse meets the North Carolina residency requirement. Absolute divorce cases are filed in District Court in the county that meets venue rules.

Key Requirements

  • One-year separation: The spouses must live in separate residences and remain separate and apart for at least one year before filing for absolute divorce.
  • Residency: At least one spouse must have lived in North Carolina for at least six months immediately before the divorce complaint is filed.
  • Separation intent and continuity: The separation must be with the intent to remain separated, and the separation period must not be broken by a true reconciliation (even though isolated sexual encounters generally do not restart the one-year clock).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the marriage has been very short, North Carolina law does not impose a “minimum time married” before divorce. The controlling issue is whether the spouses have already lived separate and apart for one full year (and whether at least one spouse has lived in North Carolina for the prior six months). If the separation has not reached one year, the court generally will not grant an absolute divorce yet, even if the marriage itself has only lasted a short time.

Process & Timing

  1. Who files: Either spouse. Where: North Carolina District Court (Clerk of Superior Court’s office for filing) in the proper county under North Carolina venue rules. What: A verified Complaint for Absolute Divorce and a Civil 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 filed papers must be properly served (for example, by sheriff or certified mail/other methods allowed by Rule 4). The other spouse has a limited time to respond after service, and local scheduling practices vary by county.
  3. Divorce judgment: If the paperwork is in order and the legal requirements are met, the court can enter a Judgment of Absolute Divorce. Many counties handle uncontested divorces through a short hearing or a review process, depending on local rules.

Exceptions & Pitfalls

  • “Separate and apart” usually means separate homes: Living in the same house but in different bedrooms typically does not satisfy the one-year separation requirement.
  • Reconciliation can reset the clock: If the spouses truly resume the marital relationship, the one-year separation period may restart. North Carolina law generally treats isolated sexual encounters differently than a full reconciliation, but the facts matter.
  • Residency problems: If neither spouse has lived in North Carolina for six months immediately before filing, the case may be dismissed or delayed.
  • Divorce can affect other rights if not asserted in time: In North Carolina, certain financial claims tied to the marriage may need to be raised before the divorce is finalized, depending on the claim and posture of the case. A quick divorce filing without a plan can create avoidable risk.
  • Non-attorney intake limits: Non-attorney staff can help gather information and schedule a consultation, but legal advice about timing, separation dates, and strategy should come from a licensed attorney.

Conclusion

North Carolina does not require a minimum length of marriage before divorce, but it usually requires a one-year separation before an absolute divorce can be granted, plus six months of North Carolina residency for at least one spouse before filing. The practical next step is to confirm the separation date and residency, then file a verified Complaint for Absolute Divorce in the proper North Carolina county after the one-year separation period is complete.

Talk to a Family Law Attorney

If a short marriage is ending and the timing of separation, residency, and filing is unclear, our firm has experienced attorneys who can help explain options and timelines 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.