North Carolina is a "no fault" divorce state, meaning you do not have to prove any marital misconduct by your spouse to file for divorce. An attorney is not required to file for divorce, although if you do hire an attorney a simple uncontested divorce can often be accomplished without either party having to attend court. It is important to recognize that actions for property distribution or spousal support must be filed before divorce is finalized or else those claims are generally waived.
Requirements for divorce in NC:
- At least one of the parties has lived in North Carolina for a least six months.
- The parties have been separated for a least one year with one or both parties intending to end the marriage.
- The parties are legally married.