NC

How to File for Divorce in North Carolina Without a Lawyer

Complete step-by-step guide to filing for divorce in North Carolina without an attorney. Save thousands in legal fees.

Overview: Filing for Divorce in North Carolina Without a Lawyer

North Carolina requires 1 year of separation before filing for divorce, one of the longest in the nation. However, the actual divorce process is straightforward once the separation period is met. Property division and custody can be addressed before or after divorce.

Can You File Without a Lawyer in North Carolina?

✓ Good Candidates for DIY Divorce:

  • Separated for 1+ year
  • Both agree on divorce
  • Property and custody already resolved or agreed
  • No disputes over separation date
  • Both willing to cooperate

⚠ Consider Hiring a Lawyer If:

  • Disputed separation start date
  • Unresolved property division
  • Custody disputes
  • Spousal support disagreements
  • Spouse contests divorce

Find North Carolina Divorce Lawyers →

Step-by-Step: How to File for Divorce in North Carolina

Step 1

Separate for One Year

Must live separate and apart for one year before filing.

⏱ Estimated Time: 1 year
💡 Tips:
  • Document separation date
  • Cannot live together during year
  • Use separation agreement
Step 2

Verify Residency

One spouse must be NC resident for 6 months.

⏱ Estimated Time: N/A
💡 Tips:
  • NC driver's license
  • Lease or property deed
Step 3

File Complaint for Absolute Divorce

File complaint with district court clerk.

⏱ Estimated Time: 1-2 hours
💡 Tips:
  • Filing fee: $225
  • Simple form
  • Must state 1-year separation
Step 4

Serve Spouse

Serve complaint on spouse.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Sheriff service
  • Spouse can waive service
Step 5

Wait for Response (or Default)

Spouse has 30 days to respond.

⏱ Estimated Time: 30 days
💡 Tips:
  • If no response, can proceed by default
  • If agrees, sign consent
Step 6

Request Hearing Date

Schedule final divorce hearing with clerk.

⏱ Estimated Time: 2-8 weeks
💡 Tips:
  • Court schedules vary by county
  • Usually brief hearing
Step 7

Attend Final Hearing

Appear before judge to finalize divorce.

⏱ Estimated Time: 15-30 minutes
💡 Tips:
  • Bring witness to verify separation
  • Simple questions
  • Judge signs decree
Step 8

Receive Judgment

Obtain final judgment of divorce.

⏱ Estimated Time: Immediately
💡 Tips:
  • Get certified copies
  • Effective immediately

Required Forms for North Carolina Divorce

Complaint for Absolute Divorce (AOC-CV-400)

Required

Summons (AOC-CV-100)

Required

Domestic Civil Action Cover Sheet (AOC-CV-800)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for North Carolina DIY Divorce

💰 DIY Divorce

$255-300
  • Filing fee: $225
  • Service fee: $30-75
  • Misc costs: $25-$100

👔 With Attorney

$3,000-15,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

For detailed cost breakdown including attorney fees and scenarios: View North Carolina Divorce Costs →

Common Pitfalls to Avoid

1

Filing before 1-year separation complete

2

Not having witness for separation

3

Confusing divorce with equitable distribution (separate actions)

Frequently Asked Questions About North Carolina DIY Divorce

Why does North Carolina require 1-year separation?

North Carolina is one of few states requiring physical separation as grounds for divorce. You must live apart for one full year before filing.

Can I file for divorce without a lawyer in North Carolina?

Yes, the divorce filing itself is simple in NC. However, property division and custody are separate legal actions that may benefit from attorney advice.

Need Professional Help?

While DIY divorce can save money in North Carolina, consulting with an attorney can help you understand your rights and avoid costly mistakes.

Find North Carolina Divorce Lawyers Questions to Ask a Lawyer