North Carolina Divorce Process (7 Steps)
Need a clear path for an NC divorce? This step-by-step guide covers eligibility, filing, service, hearings, name changes, and how property, support, and custody fit into the process.
NC divorce process in 7 steps
- Confirm eligibility: 12 months’ separation and one spouse is a North Carolina resident.
- Prepare filings: Complaint for Absolute Divorce + Civil Summons, signed and verified.
- File in the right county: Pay the filing fee; get a file-stamped packet.
- Serve your spouse: Sheriff, certified mail, or approved service method.
- Wait required time: At least 30 days after service; track any responses.
- Get the hearing/judgment: Short court appearance or default; judge signs the divorce judgment.
- After judgment: Name change if requested; order certified copies for HR, SSA, and banks.
Your North Carolina Divorce Lawyer
Krispen Culbertson, North Carolina family lawyer with 20+ years guiding clients through absolute divorce, equitable distribution, alimony, custody, and child support—clear filings and orders that employers, banks, and schools can follow.
Memberships: North Carolina State Bar; local family law sections. Courts: District Court calendars statewide with regular hearings in Guilford County.
Start by situation
Fast answers
Eligibility: One spouse must live in NC for at least 6 months, and you must live separate and apart for 12 months before filing for absolute divorce.
Property & alimony: Preserve claims for equitable distribution and alimony before the divorce judgment or you can lose them.
Service: Sheriff service or certified mail are common. If your spouse won’t accept service, we use alternate methods approved by the court.
Hearing: Most divorces are short hearings once deadlines pass. Bring a proposed judgment and proof of separation & residency.
Related: Uncontested Divorce • Property Division (ED) • Alimony • Child Custody • Child Support
1) Confirm you qualify for an NC absolute divorce
- Residency: At least one spouse has lived in North Carolina for 6+ months.
- Separation: You have lived separate and apart for 12+ months (no intent to resume the marriage).
- Rare ground: Divorce for incurable insanity exists but is uncommon; most cases use one-year separation.
2) Prepare the filings
We draft a verified complaint for absolute divorce and a civil summons, plus any local cover sheets. If you want to resume a prior name, include that request up front.
3) File in the right county
File in District Court where either spouse lives. Pay the filing fee, then get file-stamped copies for service and your records.
4) Serve your spouse
Use sheriff service or certified mail (return receipt). If your spouse avoids service, we request alternate methods the judge will accept. Keep proof of service.
5) Wait the required time
Your spouse has 30 days after service to respond (extensions are possible). We track deadlines and responses so the hearing is scheduled promptly.
6) Hearing and judgment
Most hearings are brief. Bring your proposed judgment and proof of residency and separation. After the judge signs, request certified copies for HR, Social Security, and banks.
7) After the divorce
- Name change: If granted, update SSA, DMV, passport, banks, and HR.
- Benefits & accounts: Update beneficiaries, titles, and payroll records.
- Open claims: Continue with equitable distribution and alimony if they were filed before judgment.
Property, alimony, custody, and support
- Equitable distribution (ED): Classify, value, and divide marital property and debts.
- Alimony & postseparation support: Establish amount and duration based on need and ability to pay.
- Custody & child support: Orders that focus on stability, school, medical care, and a schedule that works.
What to bring and your first 72 hours
Documents checklist
- Proof of NC residency and your 12-month separation date
- Marriage date/location; prior name if requesting a name change
- Any existing orders for custody, support, or temporary relief
- Basic asset and debt list if ED/alimony will be filed
Your first 72 hours with our team
1) Eligibility check
Confirm separation and residency; map the county and venue.
2) File
Prepare complaint, summons, and any claim preservations (ED/alimony).
3) Serve
Sheriff or certified mail; line up alternates if needed.
4) Calendar
Track deadlines; set the hearing date and name-change language if requested.
5) Judgment
Bring a clean proposed order; request certified copies after entry.
FAQs
How long does the North Carolina divorce process take?
Do we need to agree on everything to get divorced?
Can I restore my prior name as part of the divorce?
What if my spouse won’t accept service?
Will a judge ask about fault?
Do we need to be legally separated by court order?
Why North Carolina families choose Culbertson & Associates
- 20+ years handling NC divorce, ED, alimony, custody, and support
- Clean filings and agency-ready orders for HR, SSA, and banks
- Uncontested or contested paths with clear timelines and costs
- Focus on stability for children, finances, and daily life
Client reviews
A. Jackson — “Krispen explained the NC divorce process step by step and handled everything. The hearing was quick and the order was perfect.”
R. Alvarez — “We kept property and support on track while the divorce went through. Clear plan, steady communication, no surprises.”
M. Patel — “When service was hard, they documented each attempt and got it done. Professional and efficient.”
S. Nguyen — “The name change language was included so HR and Social Security updated everything fast.”
K. Fields — “Culbertson and Associates kept things calm and focused. The process was as simple as it could be.”
J. Carter — “Clean filings and timelines. I always knew the next step and what to bring.”
Visit Our Greensboro Office
Culbertson & Associates
315 Spring Garden St Ste #300, Greensboro, NC 27401
(336) 272-4299 • culbertsonatlaw.com
Hours: Mon–Fri 8:30 AM–5:00 PM • Area served: North Carolina
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