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Last Modified on Dec 26, 2025
Marriage is a covenant between two people who want to share and experience life together. Contemplating divorce is a serious matter and should not be entered into lightly. It is often helpful to key points about getting divorced in North Carolina before beginning the legal process. Unfortunately, over time, people can change, circumstances can change, and sometimes you find yourself in a marriage you do not want anymore. So, let our team at Griffin Law, PLLC, lead you through the steps on how to file for divorce in North Carolina.
North Carolina is a no-fault state when it comes to divorce. This means that you can get a divorce for irreconcilable differences, which means that a couple may have just grown apart; no one inflicted any wrongdoing on the other person. Your spouse does not have to agree to a divorce when you file the paperwork. Consulting with a skilled Statesville divorce lawyer can help clarify your rights during this transition.
Below are the steps involved in filing for divorce in North Carolina.
Step 1: Separation
The first step to initiating the divorce process is to be legally separated. Legal separation is when you and your spouse have been living apart, in different homes, for at least one year. You may wish to learn about the North Carolina legal separation period and how it impacts your filing timeline. Another stipulation is that you must be an NC resident for at least six months before filing for divorce.
During separation, many couples evaluate their marital relationship to see if a divorce is inevitable or if the separation is temporary and the relationship can be reconciled. A dedicated Statesville separation agreement lawyer can draft a formal document to protect your interests during this year of living apart.
Should you reunite with your spouse and return to your marital home or begin living together, the separation period is over. However, if you decide to separate again, the 12-month period starts again. It does not pick up where you left off.
Step 2: File the Motion for Divorce
After you have completed one year of separation and have been a resident of North Carolina for six months, you can officially file for divorce. According to the most recent CDC data, the divorce rate in NC is 2.7 per 1,000 people. North Carolina places 18th among other states and is somewhat higher than the average for divorce across the US.
A divorce lawyer can help you file your divorce petition with the county clerk’s office, like the one in Iredell County, understand all aspects of a divorce, and ensure your spouse is served with the petition. This happens by either certified mail or through the Sheriff’s office. Your spouse has 30 days to respond to the petition. An experienced Statesville family lawyer will ensure all procedural requirements are met accurately.
Step 3: Mediation
You and your spouse will meet with a trained mediator to help you negotiate and come to a fair agreement. Mediation can cover topics like child support, visitation, alimony, and equitable distribution of your property. Many couples find it beneficial to see how spouses can use mediation in divorce to reach a mutual resolution. Your divorce lawyer may be present, but they will not oversee the mediation. They can, however, intervene on your behalf if necessary.
Mediation is a good place to work out the details of your settlement agreement. The mediator can look at your case objectively to help you come to a fair and balanced agreement suitable for both parties.
Step 4: The Hearing
During your divorce hearing, you will appear before a judge who will listen to the testimonies of both parties involved. If there is no settlement agreement, the judge decides what is a fair outcome and issues the divorce. Once the judge issues the divorce decree, the ruling is final.
It is wise to have a settlement agreement before your court date. The judge will include this document in your case. As a result, this will expedite court proceedings and reduce legal fees overall.
Why Hire a Divorce Lawyer in North Carolina
Going through a divorce is a difficult time, emotionally and mentally. It can be frustrating and exhausting to try to navigate the process on your own. From filling out the forms, filing them with the courts, and serving your spouse, dealing with the divorce process can be a daunting task.
That is why you need to hire a divorce lawyer who knows the divorce laws in North Carolina like the back of their hand. Attorney Jonathan D. Griffin has over 20 years of legal experience, and his knowledge and representation style are unmatched. He is skilled in negotiation and litigation, and communicates openly with all clients.
Our team at Griffin Law, PLLC, can offer support and ease your concerns as you go through the divorce process.
FAQs
How Much Does It Cost to File for Divorce in NC?
In North Carolina, it costs $225 to file for divorce. Many other factors can increase costs throughout the divorce process. Some factors that increase your fees are the complexity of your divorce, how long it takes to draft a settlement agreement, how long your case spends at trial, and having a divorce attorney help file paperwork on your behalf. All these factors contribute to the cost of filing for a divorce in North Carolina.
How Do You Start the Divorce Process in NC?
To start the divorce process in North Carolina, you and your spouse must be legally separated for one year. The state only recognizes separation if you have different residential addresses. Additionally, you must be a resident of North Carolina for six months prior to filing your motion with the local county clerk’s office.
Can I Get a Divorce Without Going to Court in North Carolina?
Yes, you can obtain a divorce in NC without going to court. If your divorce is uncontested, a judge may review all documentation and grant an absolute divorce without a hearing. In some cases, a divorce may be resolved through summary judgment, where the court issues a final divorce decree based on the written record alone.
Can I File My Own Divorce Papers in NC?
Yes, you can file your own divorce papers in North Carolina, but it is advised to do so with a lawyer instead. Not only can a lawyer help you avoid common mistakes when filing for divorce, but they can also ensure you get what you deserve in the final agreement.
Schedule a Consultation With a Divorce Lawyer
If you are in the Statesville area and need legal counsel to help with your divorce, contact our office today. Let our experienced and skilled divorce attorney, Jonathan D. Griffin, guide you through these challenging times.
