Dec32025
Family Law Q&A Series

How do I file for a simple divorce with no children or shared property when we live in different counties? – North Carolina

Short Answer

In North Carolina, a spouse can file for an absolute divorce in the District Court of the county where either spouse lives, even if they live in different counties, as long as the one-year separation and six‑month residency requirements are met. A simple divorce with no minor children and no property issues is filed like any other absolute divorce; it is just limited to the divorce claim itself. The case is usually filed in the plaintiff’s home county, and the other spouse is served with the divorce papers and given time to respond before the court enters a divorce judgment.

Understanding the Problem

The question asks how a spouse in North Carolina can file for a straightforward “absolute divorce” when there are no minor children, no shared property to divide, and the spouses now live in different counties. The focus is on which county’s court can handle the case, what basic legal requirements apply, and what steps are involved when the only relief requested is to legally end the marriage. The core concern is how to start and complete a simple, uncontested divorce under North Carolina family law, without adding claims for custody, support, or property division.

Apply the Law

Under North Carolina law, an absolute divorce is a civil case filed in District Court that ends the marriage once certain residency, separation, and pleading requirements are met. The main forum is the District Court Division, and the key timing triggers are six months’ residency in the state and at least one year of living separate and apart before filing.

Key Requirements

  • Residency and jurisdiction: At least one spouse must have lived in North Carolina for at least six months before filing so the court has power to grant the divorce.
  • One-year separation: The spouses must have lived separate and apart (in different residences) for at least one continuous year with the intent that the separation be permanent.
  • Proper county and a verified complaint: The case must be filed in the District Court in a county where either spouse resides, and the complaint must be signed under oath with required divorce facts, including that there are no minor children if that is the case.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts given, consider a neutral example: Spouse A lives in Wake County and Spouse B lives in Durham County. They have lived in separate homes for more than one year, have no minor children, and have already divided their property. As long as at least one of them has lived in North Carolina for six months or more, Spouse A can file for absolute divorce in Wake County District Court based on one-year separation. The complaint would say there are no minor children and would not include claims for property or support, so the case proceeds as a “simple” divorce focused only on ending the marriage.

Process & Timing

  1. Who files: Either spouse (the plaintiff). Where: In the District Court Division of the General Court of Justice in a county where either spouse resides in North Carolina (for example, the plaintiff’s home county under § 50-3). What: A verified “Complaint for Absolute Divorce,” a Civil Summons, and any county-specific cover sheets or domestic civil action cover sheets posted on the clerk of court’s website. When: After the spouses have lived separate and apart for at least one continuous year and the residency requirement is met.
  2. After filing, the plaintiff arranges proper service of the summons and complaint on the defendant (usually by sheriff or certified mail). The defendant has a set time (typically 30 days, with a possible extension) to answer. If the defendant does not contest the divorce and there are no other claims, the plaintiff can typically seek a hearing or, in many counties, summary judgment on the divorce after the response period passes.
  3. For a simple, uncontested divorce, the court reviews the papers, may hold a brief hearing or rule on written motions, and then signs a “Judgment of Absolute Divorce.” Once filed with the clerk, this judgment legally ends the marriage. Certified copies can be obtained from the clerk for personal records or name-change purposes.

Exceptions & Pitfalls

  • If the spouses actually have minor children together, the complaint must list them and the case is no longer a “no-children” divorce; custody and support issues may need to be addressed in the same or a related case.
  • If there is any marital property or spousal support issue that needs a court order, claims such as equitable distribution or alimony generally must be filed before the court signs the final divorce judgment, or those rights can be lost.
  • Filing in a county where neither spouse lives can lead to a motion to move the case to the proper county. Although improper venue can be waived, the defendant may ask the court to transfer the case, which can cause delay.
  • Improper or incomplete service of the summons and complaint can delay or invalidate the divorce. Following the service rules in the North Carolina Rules of Civil Procedure and keeping proof of service is important.
  • If the separation has not truly been continuous for a full year (for example, if the spouses moved back in together or resumed the marital relationship), the statutory separation period may restart, which can affect the timing of a valid filing.

Conclusion

For a simple North Carolina absolute divorce with no minor children and no shared property issues, a spouse files a verified complaint in District Court in any county where either spouse resides, after at least one year of separation and six months of state residency are satisfied. The case proceeds as a standard divorce, limited to ending the marriage. The key next step is to file the complaint and civil summons in the proper county and ensure the other spouse is properly served before requesting entry of a Judgment of Absolute Divorce.

Talk to a Family Law Attorney

If someone is dealing with a North Carolina divorce where there are no minor children and no property to divide but the spouses live in different counties, our firm has experienced attorneys who can help explain venue, timelines, and filing options. 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 any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is 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.