The Pre-Filing Requirements in North Carolina Divorce
The decision to divorce rarely happens overnight, and North Carolina law requires certain conditions to be met before a divorce complaint can even be filed.
Why Pre-Filing Requirements Exist
The decision to divorce builds up over time, but North Carolina law does not allow a divorce to be obtained overnight either. The state requires certain pre-filing conditions to be satisfied before a divorce complaint can be filed with the court.
The Two Pre-Filing Requirements
One Year of Separation
The spouses must live separate and apart for a continuous period of one year before either can file for divorce. Because North Carolina is a no-fault divorce state, at least one spouse must enter this separation period intending it to be permanent, any resumption of marital relations during this time can restart the separation clock.
North Carolina Residency
At least one spouse must have resided in North Carolina for six months immediately before filing. This jurisdictional requirement ensures the state’s courts have authority to hear and decide the divorce case.
What If My Spouse Wants to Reconcile?
So long as both pre-filing conditions are met and the legal formalities for filing are correctly carried out, it is possible to obtain a divorce even if the other spouse wishes to reconcile. North Carolina’s no-fault system means the court does not require both spouses to agree that the marriage should end, only that the separation and residency requirements have been satisfied.
Our attorneys at McIlveen Family Law Firm have helped numerous clients navigate the divorce process from the very first step. We can advise you on whether you meet the pre-filing requirements and help you prepare to file when you are ready.
Common Questions
Does the one-year separation have to be continuous?
Yes. If the spouses resume marital relations during the separation period, the one-year clock generally restarts, meaning the separation must begin again for the purposes of meeting the requirement.
Can we still live in the same house while separated?
Generally, North Carolina courts require spouses to maintain separate residences during the separation period for it to count toward the one-year requirement.
What counts toward the six-month residency requirement?
Either spouse’s physical residency in North Carolina for the six months immediately before filing satisfies this requirement, establishing the court’s jurisdiction over the case.
What happens after the pre-filing requirements are met?
Once both requirements are satisfied, the divorce complaint can be filed and served, beginning either an uncontested or contested divorce process depending on whether the spouses agree on the remaining terms.
Explore More on Divorce in North Carolina
Ready to Take the First Step?
Our family law attorneys can help you determine whether you meet North Carolina’s pre-filing requirements and guide you through the divorce process.