The Beginners Guide to Divorce in North Carolina
What you Need to Know Before You File.
Divorce can feel overwhelming—legally, emotionally, and financially. But in North Carolina, the process is more straightforward than many people expect once you understand the basic rules and your legal options.
Whether you're considering a separation or already living apart, this guide will walk you through the foundational steps to prepare for divorce with clarity and intention.
Step 1: Understand the Separation Requirement
North Carolina is a no-fault divorce state, which means you don’t have to prove wrongdoing to get divorced. Instead, the law requires that:
You and your spouse live in separate homes
You remain physically separated for at least 12 months
At least one of you intended for the separation to be permanent
There’s no formal paperwork needed to "start" a separation. The clock begins when one spouse moves out with the intent to remain separated.
Step 2: Know What Can Be Handled Before You File
You don’t have to wait until the 12 months are up to address key legal issues. In fact, most couples benefit from resolving the following before filing for divorce:
Property division (Equitable Distribution)
Spousal support or alimony
Child custody and parenting time
Child support
These issues can be handled through a Separation Agreement or Parenting Plan, both of which are private contracts that keep you out of court and in control.
Step 3: Decide If You Need a Separation Agreement
A Separation Agreement is a legally binding contract that outlines how assets, debts, support, and other issues will be handled during and after separation. It's one of the most important tools for avoiding unnecessary conflict, court battles, and legal fees.
At Balbach & Davenport, we draft clear, custom agreements tailored to your situation.
Step 4: Prepare Your Documents
Once your one-year separation period is complete, either spouse can file for Absolute Divorce. You'll need:
A Complaint for Divorce
A Civil Summons
Proof of service on your spouse (usually through certified mail or sheriff)
A Notice of Hearing (once all timelines are met)
You do not have to appear in court together. Divorce in North Carolina is typically finalized with a simple court appearance from the filing spouse—no trial, no drama, no blame.
Step 5: Be Strategic About Timing
Here’s the catch: once your divorce is final, you can no longer pursue claims for property division or spousal support if they haven’t already been addressed. That’s why it’s critical to resolve these issues before the divorce is granted—ideally through a well-drafted agreement.
Step 6: Consider Mediation or Collaborative Support
Not every divorce has to be a fight. In fact, most people are better served by alternative dispute resolution methods like mediation or collaborative negotiation—especially when children or long-term financial arrangements are involved.
At Balbach & Davenport, we help clients resolve these issues respectfully and efficiently, often without the emotional and financial toll of litigation.
Your Next Step
Divorce in North Carolina doesn’t have to mean conflict or chaos. With the right support and a clear plan, you can protect your rights and your peace of mind.
