Dec82025
Family Law Q&A Series

Do I need to be separated for a certain time before filing for divorce? – North Carolina

Short Answer

Under North Carolina law, most spouses must live in separate residences for at least one full year, with at least one spouse intending the separation to be permanent, before filing for an absolute divorce. One spouse also must have lived in North Carolina for at least six months before filing. There is a separate, longer ground based on incurable insanity, but that applies only in limited medical circumstances.

Understanding the Problem

The narrow question is: under North Carolina family law, how long must a married couple live apart before a court will accept a filing for absolute divorce. This focuses on the time and conditions of separation, not on child custody, support, or property division. The key concern is whether North Carolina requires a waiting period of physical separation and state residency before a divorce case can begin in the district court.

Apply the Law

North Carolina is a no-fault divorce state for absolute divorce based on one-year separation. The main grounds require a period of living separate and apart plus a basic residency requirement; fault is not required. Absolute divorce cases are filed in the district court in an appropriate North Carolina county, and timing turns on when the physical separation began and how long at least one spouse has been a North Carolina resident.

Key Requirements

  • One-year physical separation: The spouses must live in different residences, separate and apart, for at least one continuous year before filing for absolute divorce.
  • Intent to remain apart: At least one spouse must intend that the separation be permanent when the spouses begin living in separate residences, and that intent continues through the one-year period.
  • Six-month North Carolina residency: Either the filing spouse or the other spouse must have lived in North Carolina for at least six months immediately before the divorce case is filed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts indicate only that a person in North Carolina wants to start the divorce process, without details about where each spouse lives now or how long they have been separated. If the spouses have already lived in different residences for at least one continuous year and one spouse has at least six months of North Carolina residency, the person may generally file for absolute divorce. If they still live under the same roof or recently separated, they must usually wait until the one-year mark from the date one of them moved out with an intent to remain apart.

Process & Timing

  1. Who files: Either spouse may file as plaintiff. Where: In the District Court division of the appropriate North Carolina county (often where either spouse resides). What: A verified complaint for absolute divorce that alleges the one-year separation and six-month residency, plus a civil summons and required cover sheets. When: Filing may occur once the spouses have lived separate and apart for at least one full year and one spouse has been a North Carolina resident for at least six months.
  2. After filing, the plaintiff must have the summons and complaint properly served on the other spouse under Rule 4 of the North Carolina Rules of Civil Procedure. Service and the spouse’s response period commonly take several weeks, though timing can vary by county and method of service.
  3. Once service and response periods are complete, the case is typically set for a brief hearing or, in some counties, handled by motion with supporting affidavits. If the court finds the separation and residency elements met, it enters a Judgment of Absolute Divorce, which ends the marriage.

Exceptions & Pitfalls

  • North Carolina does recognize an alternate ground for absolute divorce based on incurable insanity that requires three years of living apart and strict medical proof; it applies only in rare, specific situations.
  • Living in the same residence, even in separate bedrooms, does not count as “separate and apart” for the one-year period, so a move to a separate home marks the true separation date.
  • Isolated sexual encounters during the separation do not automatically reset the one-year period, but more substantial resumption of marital life can break the separation and restart the clock.
  • Failing to assert claims for spousal support or equitable distribution before the court enters the absolute divorce judgment can permanently waive those property and support rights, so coordination of timing and claims is critical.

Conclusion

North Carolina family law generally requires spouses to live in separate residences, with at least one spouse intending the separation to be permanent, for a full year before filing for absolute divorce. One spouse also must have six months of North Carolina residency before filing. Except for limited incurable-insanity cases, there is no way to avoid this waiting period. The key next step is to confirm the true separation date and current residency, then plan the filing around the one-year mark.

Talk to a Family Law Attorney

If someone is considering divorce and needs to know where the one-year separation clock stands, our firm has experienced family law attorneys who can help clarify the timing and the next legal steps. 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.