Dec162025
Family Law Q&A Series

Do I have to go to court in person, or can the divorce be handled remotely? – North Carolina

Short Answer

In North Carolina, many uncontested divorces can be finalized without an in-person court appearance, because the court can decide the required facts based on sworn paperwork (such as affidavits) or a short, non-evidentiary hearing. Whether a divorce can be handled fully “remotely” depends on the county’s procedures and whether anything is disputed. If issues like custody, support, or property are contested, an in-person court date is more likely, although some hearings may still be allowed by phone or video.

Understanding the Problem

In North Carolina, a person seeking an absolute divorce often asks whether going to the courthouse is required, or whether the case can be finished without appearing in person before a judge. The key decision point is whether the divorce is limited to ending the marriage (and possibly restoring a former name) with no disputes that require live testimony. Timing and local court practices matter because the District Court division and the Clerk of Superior Court handle certain steps differently depending on what is being requested.

Apply the Law

North Carolina allows an absolute divorce after a qualifying separation, but the court still must have a legal basis to enter judgment and must make required findings of fact. In many cases, the court can make those findings from sworn, written evidence (rather than live testimony), and in narrow situations the clerk may enter the divorce judgment. The case is typically filed in District Court, and the county where the case is filed can affect whether any appearance is required and whether the divorce can be handled on written submissions.

Key Requirements

  • Proper grounds and jurisdiction: The divorce must qualify under North Carolina’s absolute-divorce rules, including the one-year separation ground and the six-month residency requirement for at least one spouse.
  • Sworn, procedurally correct paperwork: The complaint must be properly verified (sworn/affirmed in the required form) when filed, and the supporting evidence must be presented in an acceptable format (often affidavits or other verified filings).
  • Right forum and posture of the case: If the case is only for absolute divorce (and possibly a name change) and the other spouse defaults, admits the allegations, or waives the right to answer, the clerk may be able to enter judgment; otherwise, a judge must enter the divorce.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is to start a North Carolina divorce, but there are no details about disputes, children, or property. If the case is an uncontested absolute divorce and the required facts can be proved through properly sworn paperwork, the divorce may be finalized without an in-person court appearance, depending on county practice and the posture of the other spouse’s response. If any issue requires the judge to resolve conflicting facts, a live hearing becomes more likely, even if some counties permit remote appearances for certain events.

Process & Timing

  1. Who files: The spouse seeking the divorce (plaintiff). Where: The Clerk of Superior Court’s office for filing in the District Court division in the appropriate North Carolina county (often where either spouse resides). What: A verified Complaint for Absolute Divorce, plus the civil summons and required supporting documents. When: Only after the spouses have lived separate and apart for one full year under North Carolina law (and at least one spouse meets the six-month residency requirement before filing).
  2. Serve the other spouse: The defendant must be served (or must accept service), then has a set time to respond. Whether the next step can be done “on the papers” often depends on whether the defendant answers, defaults, admits the allegations, or signs a waiver.
  3. Request entry of divorce judgment: In an uncontested posture, the plaintiff typically submits proposed judgment paperwork and sworn supporting evidence. Depending on the county and the case posture, a judge may sign the judgment based on affidavits/verified filings, or the clerk may be able to enter the judgment in limited cases.

Exceptions & Pitfalls

  • County-by-county procedures: Some counties routinely finalize uncontested divorces on written submissions, while others set brief hearings or require a court appearance by counsel. Local rules and scheduling practices can change.
  • Verification problems: North Carolina requires a properly verified complaint when filed. Problems with verification can delay the case or lead to dismissal, which can defeat a plan to keep the process efficient and remote.
  • Disputed issues: If the case involves contested custody, support, alimony, equitable distribution, or other disputes, the court may require live testimony and in-person hearings, even if some preliminary conferences or short matters can occur by phone or video.
  • Service and notice: A plan to avoid court appearances can fall apart if service is not done correctly or if the defendant contests service, requests a hearing, or files a responsive pleading that creates factual disputes.

Conclusion

In North Carolina, an absolute divorce does not always require an in-person court appearance, especially when it is uncontested and the required facts can be proven through sworn written evidence. The court must still make required findings, and in limited situations the clerk may enter the divorce judgment when the case is only for divorce (and possibly a name change). The most important next step is to file a verified divorce complaint 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 a North Carolina divorce and want to know whether the case can be finished without going to court in person, 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.