Jan162026
Family Law Q&A Series

Can a lawyer take my uncontested divorce if I live in a county outside their service area? – North Carolina

Short Answer

Yes—an attorney licensed in North Carolina can generally handle an uncontested divorce filed in a different North Carolina county. The bigger issue is practical, not legal: some firms choose to limit the counties they serve because filing, clerk requirements, and court logistics vary by county. If the divorce must be filed in a county the firm does not cover, the firm may decline even an uncontested case, and another option is to hire counsel who regularly files in that county.

Understanding the Problem

In North Carolina, can a licensed attorney handle an uncontested divorce when the divorce case must be filed in a county outside the firm’s chosen service area? The decision point is whether the divorce can be filed (and processed) in a county the firm is willing to handle, given North Carolina’s county-based filing rules and the local clerk and court procedures that can affect an “uncontested” timeline.

Apply the Law

North Carolina divorce cases are filed in the county where either spouse resides, and the complaint must also allege that at least one spouse has lived in North Carolina for at least six months before filing. Even when a divorce is uncontested, the case still runs through the Clerk of Superior Court and, if needed, a District Court judge in the county where the action is filed. A North Carolina-licensed attorney is not limited to practicing in only certain counties, but a firm may limit its intake to counties it routinely serves for cost, travel, scheduling, and local filing requirements.

Key Requirements

  • Proper county for filing (venue): The divorce is generally filed in the county where either spouse resides (and special venue rules can apply if the filing spouse is a nonresident).
  • North Carolina residency (jurisdictional threshold): At least one spouse must have lived in North Carolina for at least six months before filing.
  • Valid service or acceptance of service: Even in an uncontested divorce, the other spouse must be properly served or must properly accept service so the court can proceed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an uncontested divorce that would be filed in a county the firm does not handle. North Carolina law generally allows filing in the county where either spouse resides, so the filing county is driven by where the spouses live (and, in some situations, by nonresident-filing rules). Even though a North Carolina attorney can typically represent a client in any county, a firm can still choose not to accept cases in certain counties because the case must be filed and processed through that county’s clerk/court procedures.

Process & Timing

  1. Who files: One spouse (the plaintiff). Where: The Clerk of Superior Court in the county allowed by North Carolina venue rules (often where either spouse resides). What: A verified divorce complaint and related filing documents, plus a civil summons. When: After meeting the six-month North Carolina residency requirement and (for a typical absolute divorce) after the one-year separation requirement is satisfied.
  2. Service step: The other spouse (the defendant) must be served under Rule 4 or must sign a proper acceptance of service. In an uncontested case, acceptance of service often reduces delay, but it must be done correctly to avoid problems later.
  3. Finish step: After the waiting period for the defendant to respond runs and the required paperwork is complete, the case is submitted for a divorce judgment (some counties do this by paperwork review; others may require a brief hearing or specific local steps).

Exceptions & Pitfalls

  • Wrong county filing risk: Filing in an improper county can trigger a venue challenge and potential transfer, which can slow an uncontested case and add cost.
  • Service problems: Incorrect service or an improperly executed acceptance of service can undermine the court’s ability to enter a valid judgment.
  • Assuming “uncontested” means “no local rules”: Counties can differ on required cover sheets, submission packets, scheduling, and how a judgment gets in front of a judge—one reason firms may limit their service area.

Conclusion

In North Carolina, an attorney licensed in the state can generally handle an uncontested divorce even if the case is filed in a different county, but the divorce still must be filed in a proper county under the venue rules and must meet the six-month residency requirement (and, for most absolute divorces, the one-year separation requirement). The practical next step is to confirm the correct filing county under N.C. Gen. Stat. § 50-3 and then retain counsel who will file and complete the case in that county.

Talk to a Family Law Attorney

If you’re dealing with an uncontested divorce that must be filed in a county outside a firm’s service area, our firm has experienced attorneys who can help explain the filing-county rules and realistic timelines, and help identify the next best option. 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.