Jan92026
Family Law Q&A Series

How do I get a simple divorce if my spouse and I agree on everything? – North Carolina

Short Answer

In North Carolina, a “simple” (uncontested) divorce is usually an absolute divorce based on living separate and apart for at least one year, with at least one spouse having lived in North Carolina for at least six months before filing. Even if both spouses agree, the case still requires filing a verified complaint, properly serving the other spouse, and submitting the required paperwork to the Clerk of Superior Court (or a judge) for entry of the divorce judgment. Before filing, it is important to make sure any property division or spousal support rights that need to be preserved are addressed, because some claims can be lost once the divorce is granted.

Understanding the Problem

In North Carolina family law, the key question is: when spouses agree on everything, can an absolute divorce be completed with straightforward paperwork and minimal court involvement? The decision point is whether the legal prerequisites for an absolute divorce are met (especially the one-year separation requirement) so the case can move through the Clerk of Superior Court and court filing process as an uncontested matter.

Apply the Law

North Carolina’s most common path to an uncontested divorce is an absolute divorce based on one year of living “separate and apart.” Agreement between spouses can make the process smoother, but it does not remove the legal requirements: the filing spouse must allege the required facts in a verified complaint, file in the proper county, complete service of process, and then submit the proposed judgment and supporting documents so the court can make the required findings and enter the divorce.

Key Requirements

  • One-year separation: The spouses must have lived in separate residences for at least one continuous year, with at least one spouse intending the separation to be permanent.
  • Residency: At least one spouse must have lived in North Carolina for at least six months immediately before the divorce case is filed.
  • Proper filing and service: The case must be filed in the proper county and the other spouse must be properly served (or must accept service/waive certain steps in a way allowed by the rules), so the court has authority to enter the divorce judgment.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is for a lawyer to draft paperwork for a simple divorce where both spouses agree. Under North Carolina law, agreement helps with cooperation on service and paperwork, but the divorce still depends on meeting the one-year separate-and-apart requirement and the six-month residency requirement, then completing filing and service so the Clerk of Superior Court (or a judge) can enter the judgment.

Process & Timing

  1. Who files: One spouse (the plaintiff). Where: The Clerk of Superior Court in the county where either spouse resides (venue rules can be fact-specific). What: A verified Complaint for Absolute Divorce, a Civil Summons, and related filing documents required by that county. When: After the spouses have lived separate and apart for one full year, and after at least one spouse has lived in North Carolina for six months immediately before filing.
  2. Service and response: The other spouse (the defendant) must be properly served (or accept service). If the defendant does not respond, the case may proceed by default; if the defendant cooperates, they may file an answer admitting key allegations or sign documents that allow the case to move forward as uncontested.
  3. Submit final packet and obtain judgment: After service is complete and the waiting/response period has run, the plaintiff submits the proposed Judgment of Absolute Divorce and supporting paperwork. Depending on the county and the posture of the case, the clerk may be able to enter the judgment in a qualifying uncontested case, or the matter may be set for a brief hearing or handled through submitted evidence as allowed by statute and local practice.

Exceptions & Pitfalls

  • Still living under the same roof: In many situations, spouses who remain in the same residence have not met the “separate and apart” requirement, even if they consider themselves separated.
  • Forgetting to preserve other claims: Even when spouses agree, it is important to address whether any claims for property division (equitable distribution) or spousal support (alimony/postseparation support) need to be filed or preserved before the divorce judgment is entered, because some rights can be lost once absolute divorce is granted.
  • Service problems: Uncontested cases still fail or get delayed when service is not done correctly or the paperwork does not match the required allegations (residency, separation dates, and minor children information).

Conclusion

In North Carolina, a simple divorce where both spouses agree is typically an absolute divorce based on living separate and apart for one year, with at least one spouse meeting the six-month North Carolina residency requirement. Agreement can streamline service and paperwork, but the court still must receive a verified complaint and enter a judgment based on proper proof. The most important next step is to file the verified Complaint for Absolute Divorce with the Clerk of Superior Court after the one-year separation requirement is met.

Talk to a Family Law Attorney

If you’re dealing with an uncontested divorce and want the paperwork prepared correctly the first time, 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.