How do I start the divorce process and what paperwork do I need? – North Carolina

Short Answer

In North Carolina, most people start the divorce process by filing a verified Divorce Complaint (typically for “absolute divorce”) in the Clerk of Superior Court in the county where either spouse lives, then having the other spouse formally served. In most cases, an absolute divorce requires that the spouses have lived separate and apart for at least one year and that at least one spouse has lived in North Carolina for at least six months before filing. The core paperwork usually includes a civil summons, a verified complaint, and proposed judgment forms, plus service paperwork.

Understanding the Problem

In North Carolina, “How does a spouse start a divorce?” usually means “How does a spouse file a court case to request an absolute divorce, and what documents must be filed and served to get it moving?” The decision point is whether the spouse is ready to file a divorce case now based on the basic filing requirements, or whether the spouse needs to wait until the legal timing requirements are met before filing.

Apply the Law

North Carolina most commonly allows an absolute divorce after the spouses have lived separate and apart for at least one year, with the intent to remain separated, and at least one spouse has been a North Carolina resident for at least six months before the case is filed. The case is filed as a civil action in Superior Court through the Clerk of Superior Court, and the other spouse must be served with the summons and complaint under the North Carolina Rules of Civil Procedure.

Key Requirements

Residency: At least one spouse must have lived in North Carolina for at least six months immediately before filing.
One-year separation: The spouses must have lived in separate residences for at least one year with at least one spouse intending the separation to be permanent; living “separate and apart” does not mean living in the same home.
Proper pleadings and service: The filing must include a verified complaint that contains required information (including whether there are minor children), and the other spouse must receive formal service of process.

What the Statutes Say

N.C. Gen. Stat. § 50-6 (Absolute divorce after one-year separation) – Allows absolute divorce when the spouses have lived separate and apart for one year and at least one spouse has lived in North Carolina for six months.
N.C. Gen. Stat. § 50-8 (Contents of divorce complaint; verification; venue) – Requires a verified divorce complaint and specifies required allegations, including minor children information.
N.C. Gen. Stat. § 50-3 (Venue) – Provides that divorce actions are filed in the county where either spouse resides.

Analysis

Apply the Rule to the Facts: The available facts show only that a spouse wants to start a North Carolina divorce and needs to know the paperwork. The first threshold question is whether at least one spouse has lived in North Carolina for the last six months and whether the spouses have lived in separate residences for at least one year with the intent to remain separated. If those timing requirements are met, the next step is preparing a verified complaint with the required information (including any minor children) and completing proper service on the other spouse.

Process & Timing

Who files: One spouse (the plaintiff). Where: The Clerk of Superior Court in the county where either spouse resides in North Carolina. What: Typically a Civil Summons, a Verified Complaint for Absolute Divorce, and (often) a Domestic Civil Action Cover Sheet if the county requires it; after service, a Motion/Notice of Hearing (or request for hearing) and a Judgment of Absolute Divorce for the judge to sign. When: File after the spouses have been separated for one full year and after at least one spouse has been a North Carolina resident for six months.
Service of process: After filing, the plaintiff must have the defendant served (commonly by sheriff, certified mail/return receipt, or another method allowed by Rule 4). The court cannot move the divorce forward until service is properly completed or legally accepted.
Hearing and judgment: Once service is complete and any required waiting/notice periods have run, the plaintiff schedules the case for a brief hearing (or submits paperwork in the manner the county allows) and presents the proposed Judgment of Absolute Divorce for the judge’s signature. The signed judgment is filed with the clerk, and certified copies can be requested.

Exceptions & Pitfalls

Filing too early: If the one-year separation or six-month residency requirement is not met, the court may dismiss the case or require refiling.
“Separate and apart” misunderstandings: Ending the relationship while still living in the same home usually does not qualify as living separate and apart for the one-year clock. Also, the complaint should clearly allege the separation and intent to remain separated.
Service problems: Incorrect service (wrong address, wrong method, missing proof of service, or incomplete certified mail documentation) commonly delays divorce cases.
Missing required complaint details: North Carolina requires the complaint to include specific allegations, including whether there are minor children of the marriage, and it must be verified (sworn).
Unintended waiver of related claims: A divorce judgment can affect the ability to pursue certain related claims if they are not filed in time. A careful plan is important before filing and finalizing the divorce.

Conclusion

In North Carolina, starting the divorce process usually means filing a verified complaint for absolute divorce (with a civil summons) in the county where either spouse resides and then completing formal service on the other spouse. The usual threshold is living separate and apart for one year and having at least one spouse reside in North Carolina for six months before filing. Next step: prepare and file the summons and verified complaint 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 starting a divorce in North Carolina and want help confirming eligibility, preparing the complaint, and getting service done correctly, 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.