Where do I have to file an uncontested divorce if my spouse and I live in different counties? – North Carolina

Short Answer

In North Carolina, an uncontested divorce (absolute divorce) is generally filed in the county where either spouse resides. That means if spouses live in different counties, the case can usually be filed in either county. A key exception applies if the filing spouse is not a North Carolina resident—then the case must be filed in the defendant’s county of residence, with specific service requirements.

Understanding the Problem

In a North Carolina uncontested divorce, the main decision is which county’s court is the correct place to start the case when spouses live in different counties. The question focuses on venue—whether the divorce must be filed where the filing spouse lives, where the other spouse lives, or whether either county works. This issue often comes up when a law firm only accepts divorce cases filed in certain counties, and the spouses’ counties do not match.

Apply the Law

North Carolina sets venue for divorce cases by residence. For an absolute divorce, the summons is generally returnable to the court in the county where either the plaintiff (the filing spouse) or the defendant (the other spouse) resides. If the plaintiff is a nonresident of North Carolina, North Carolina law requires filing in the defendant’s county of residence and requires personal service (or the defendant’s personal acceptance of service) in the manner allowed by the civil rules.

Key Requirements

At least one spouse resides in North Carolina: A North Carolina court can only grant a North Carolina divorce if the residency requirements are met (venue is separate from residency, but both matter).
Proper county (venue) is based on residence: The divorce can generally be filed in the county where either spouse resides at the time the case starts.
Nonresident-filer exception: If the filing spouse is not a North Carolina resident, the case must be filed in the defendant’s North Carolina county, with tighter service rules.

What the Statutes Say

N.C. Gen. Stat. § 50-3 (Venue; removal of action) – Provides that in divorce proceedings, the summons is returnable to the court in the county where either the plaintiff or defendant resides, and addresses removal in a specific situation.
N.C. Gen. Stat. § 50-8 (Contents of complaint; verification; venue and service in action by nonresident) – Requires the complaint to allege six-month North Carolina residency by at least one spouse and sets a special venue/service rule when the plaintiff is a nonresident.

Analysis

Apply the Rule to the Facts: The facts describe an uncontested divorce in North Carolina where the spouses live in different counties and the firm does not take cases in the county where the divorce would be filed. Under North Carolina’s venue rule, the divorce can usually be filed in either spouse’s county of residence, so the “right county” may be a choice between two counties. If the filing spouse is not a North Carolina resident, venue is not a choice—the case must be filed in the other spouse’s North Carolina county, and service must meet the statute’s requirements.

Process & Timing

Who files: One spouse (the plaintiff). Where: The Clerk of Superior Court in the North Carolina county where either spouse resides (or, if the plaintiff is a nonresident, in the defendant’s county). What: A verified divorce complaint and a civil summons. When: After meeting North Carolina’s residency requirement (commonly alleged as six months of North Carolina residency by at least one spouse before filing).
Service: The plaintiff must properly serve the defendant under the North Carolina civil rules (or obtain a proper acceptance of service). Uncontested cases still require valid service.
Finish the case: After the required waiting period following service and completion of the court’s local process, the plaintiff requests entry of the divorce judgment (some counties handle this by hearing; others may allow a non-appearance process depending on local practice and the paperwork submitted).

Exceptions & Pitfalls

Nonresident plaintiff: If the filing spouse is not a North Carolina resident, filing in the “wrong” county can create venue problems because the statute directs filing in the defendant’s county and requires personal service or personal acceptance of service.
Mixing claims changes venue strategy: Adding other claims (like custody, child support, equitable distribution, or alimony) can bring additional venue rules and practical considerations. Even when the divorce itself could be filed in either county, related claims may push the case toward a particular county.
Assuming venue never matters: Venue objections can be time-sensitive. If the defendant raises improper venue early, the court may move the case to the proper county rather than dismissing it, which can cause delay and extra cost.
Local county procedures: Even with proper venue, counties can differ on scheduling, required forms, and whether an in-person appearance is needed. That difference can affect which county is the better fit for an uncontested case.

Conclusion

In North Carolina, an uncontested divorce is generally filed in the county where either spouse resides, so spouses living in different counties usually have a choice of venue. If the filing spouse is not a North Carolina resident, the case must be filed in the defendant’s county of residence and served in the manner required by statute. The next step is to file a verified divorce complaint and summons with the Clerk of Superior Court in the proper county after meeting the six-month North Carolina residency requirement.

Talk to a Family Law Attorney

If you’re dealing with an uncontested divorce and the question is which North Carolina county must handle the filing, our firm has experienced attorneys who can help explain venue options, service requirements, 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.