Jan72026
Family Law Q&A Series

Can I file for divorce if I have only been married a short time? – North Carolina

Short Answer

In North Carolina, the length of the marriage usually does not prevent filing for divorce. Most people still must meet the state’s main requirement for an absolute divorce: living separate and apart for one year (with at least one spouse having lived in North Carolina for six months before filing). In some situations, a spouse may file a different type of case sooner (such as divorce from bed and board) to get a court-ordered separation and related relief, but it is not the same as an absolute divorce.

Understanding the Problem

In North Carolina, the key question is not how long the marriage lasted, but whether a spouse can start a court case to end the marriage when the marriage is still new. The issue usually turns on what type of case is being filed (an absolute divorce that ends the marriage versus a court-ordered separation case) and whether the required separation period has started and run long enough. The district court is the forum that handles divorce cases.

Apply the Law

North Carolina is commonly described as a “no-fault” state for absolute divorce because the usual path does not require proving wrongdoing. Instead, the controlling rule is that the spouses must live separate and apart for one year, and at least one spouse must have lived in North Carolina for six months before the divorce case is filed. A short marriage can still qualify, but the one-year separation requirement generally controls the timing.

Key Requirements

  • One-year separation: The spouses must live in separate residences and remain separated for a full year before filing for an absolute divorce.
  • North Carolina residency: At least one spouse must have lived in North Carolina for six months before the divorce complaint is filed.
  • Correct case type and pleadings: The complaint must be verified and must allege the required facts for the type of divorce being requested (absolute divorce versus divorce from bed and board).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the marriage has only lasted a short time, the main practical issue is usually timing: an absolute divorce generally cannot be filed until the spouses have lived separate and apart for one full year under North Carolina law. If the spouses have not started living in separate residences yet, the one-year clock has not started. If the spouses have already moved into separate residences and stayed separated, the filing date may be available once the full year is reached, even though the marriage itself was brief.

Process & Timing

  1. Who files: Either spouse. Where: North Carolina District Court (typically filed with the Clerk of Superior Court in the county where venue is proper). What: A verified Complaint for Absolute Divorce and a civil summons (and other local filing documents as required). When: After one full year of living separate and apart, and after at least six months of North Carolina residency by either spouse.
  2. Service and response: The filed papers must be properly served on the other spouse under North Carolina civil rules. If the other spouse does not contest the basic requirements, many absolute divorce cases proceed without a trial, but timing can vary by county and by service issues.
  3. Judgment: If the court is satisfied that the statutory requirements are met, the court can enter a Judgment of Absolute Divorce, which ends the marriage.

Exceptions & Pitfalls

  • Confusing “separation papers” with legal separation: North Carolina does not require a court filing to “start” separation. The separation period generally depends on living in separate residences with the intent to remain separated, not on signing papers.
  • Living separately under the same roof: In many situations, spouses who remain in the same home will not be treated as “separate and apart” for the one-year divorce clock, even if the relationship has ended.
  • Choosing the wrong case type for the goal: A divorce from bed and board can sometimes be filed sooner than an absolute divorce, but it is fault-based and does not end the marriage. It is often used to obtain a court-ordered separation and related relief when immediate court involvement is needed.
  • Waiting too long to raise related claims: An absolute divorce can affect certain rights if related claims are not asserted in time. Planning the sequence of filings matters, even in a short marriage.

Conclusion

In North Carolina, a short marriage does not block a divorce, but the timing usually does. Most spouses must live separate and apart for one full year before filing for an absolute divorce, and at least one spouse must have lived in North Carolina for six months before filing. The practical next step is to confirm the actual date separation began (separate residences and intent to remain separated) and then file a verified Complaint for Absolute Divorce with the appropriate North Carolina court once the one-year separation requirement is met.

Talk to a Family Law Attorney

If you’re dealing with a very short marriage and need to understand when a North Carolina divorce can be filed (and what can be done while waiting for the one-year separation period), 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.