When can I file for divorce in North Carolina?

You may file for divorce in North Carolina after you and your spouse have lived apart for one year. You must also have lived in North Carolina for at least the six months prior to the date of your divorce petition.

Once you file for divorce, your spouse has 30 days to respond and can request an extra 30 days. Once the divorce petition and response are on record, you can schedule a hearing in front of the judge to hear the divorce.

An uncontested divorce can be obtained fairly quickly after you comply with the one year separation requirement. Contested divorces take longer. A divorce based on one spouse’s incurable insanity requires expert witnesses to establish the ill spouse’s medical condition, which adds to the length of that process.