Were you served, or are you filing, in North Carolina? Learn the fee, wait and residency rule.
North Carolina Divorce: Filing Fee, Waiting Period, Residency
North Carolina in short
North Carolina's divorce filing fee is $225. (ncleg.gov) North Carolina sets no statutory waiting period after filing. (ncleg.gov) North Carolina's residency rule: plaintiff or defendant resided in North Carolina for 6 months, and the parties have lived separate and apart for 1 year before filing (N.C.G.S. 50-6). (ncleg.gov) North Carolina's separation rule: 1 year living separate and apart before filing (N.C.G.S. 50-6). (national chart) North Carolina's alimony rule: no; discretionary, marital misconduct can bar (N.C.G.S. 50-16.3A). (recordinglaw.com)
Checked October 14, 2026
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Uncontested divorce in North Carolina
- Court filing fee
The petition filing fee in North Carolina is $225.
How this was read
Source note: district court civil costs collected at filing: $16 facilities fee (N.C.G.S. 7A-305(a)(1)), $4 court technology fee ((a)(1a)), $130 General Court of Justice fee ((a)(2)), plus $75 for every action for absolute divorce ((a2)); total $225, matching FindLaw; service of process is extra.
Source: ncleg.gov
- Fee waiver
A fee waiver path is recorded for North Carolina: sue as an indigent on affidavit; N.C.G.S. 1-110.
Source: national chart
- Residency before filing
Plaintiff or defendant resided in North Carolina for 6 months, and the parties have lived separate and apart for 1 year before filing (N.C.G.S. 50-6).
Source: ncleg.gov
- Separation
Separation rule recorded for North Carolina: yes.
How this was read
1 year living separate and apart before filing (N.C.G.S. 50-6).
Source: national chart
- Waiting period
North Carolina sets no statutory wait after filing.
How this was read
No post-filing wait in the grounds statute; the spouses must have lived separate and apart for one year before filing (N.C.G.S. 50-6); the 30 days FindLaw cites is the answer period.
Source: ncleg.gov
- Mediation
Mediation rule recorded for North Carolina: yes for contested custody or visitation where a program exists.
How this was read
Matter shall be set for mediation of unresolved custody and visitation issues, waivable for good cause such as domestic violence or distance (N.C.G.S. 50-13.1(b), (c)).
Source: ncleg.gov
North Carolina divorce rules at a glance
| Rule | North Carolina | Source |
|---|---|---|
| Filing fee | $225 | ncleg.gov |
| Separation required | Yes | national chart |
| Residency | Plaintiff or defendant resided in North Carolina for 6 months, and the parties have lived separate and apart for 1 year before filing (N.C.G.S. 50-6) | ncleg.gov |
| Property regime | Equitable distribution | irs.gov |
| Waiting period | No statutory wait | ncleg.gov |
| Child support model | Income shares | ncsl.org |
| Alimony rule | No; discretionary, marital misconduct can bar (N.C.G.S. 50-16.3A) | recordinglaw.com |
| Fee waiver | Yes (sue as an indigent on affidavit; N.C.G.S. 1-110) | national chart |
| Mediation | Yes for contested custody or visitation where a program exists | ncleg.gov |
Checked October 14, 2026. Not recorded for North Carolina: parenting class rule.
North Carolina in detail
North Carolina's residency rule reads: plaintiff or defendant resided in North Carolina for 6 months, and the parties have lived separate and apart for 1 year before filing (N.C.G.S. 50-6). (ncleg.gov) North Carolina's waiting period (no statutory wait): no post-filing wait in the grounds statute; the spouses must have lived separate and apart for one year before filing (N.C.G.S. 50-6); the 30 days FindLaw cites is the answer period. (ncleg.gov) On separation: 1 year living separate and apart before filing (N.C.G.S. 50-6). (no link recorded) North Carolina's filing fee ($225): district court civil costs collected at filing: $16 facilities fee (N.C.G.S. 7A-305(a)(1)), $4 court technology fee ((a)(1a)), $130 General Court of Justice fee ((a)(2)), plus $75 for every action for absolute divorce ((a2)); total $225, matching FindLaw; service of process is extra. (ncleg.gov) North Carolina's mediation rule: yes for contested custody or visitation where a program exists; matter shall be set for mediation of unresolved custody and visitation issues, waivable for good cause such as domestic violence or distance (N.C.G.S. 50-13.1(b), (c)). (ncleg.gov) North Carolina's alimony rule: no; discretionary, marital misconduct can bar (N.C.G.S. 50-16.3A). (recordinglaw.com)
Steps and minimum times in North Carolina
- Before filing, residency. Plaintiff or defendant resided in North Carolina for 6 months, and the parties have lived separate and apart for 1 year before filing (N.C.G.S. 50-6). (ncleg.gov)
- Before filing, separation. 1 year living separate and apart before filing (N.C.G.S. 50-6). (national chart)
- Filing. North Carolina court fee $225. (ncleg.gov)
- No statutory wait. North Carolina: none after filing; the court's calendar sets the date. (ncleg.gov)
What filing costs in North Carolina
- Court filing fee: $225 (ncleg.gov)
- Fee waiver: Yes (sue as an indigent on affidavit; N.C.G.S. 1-110) (national chart)
Official sources for North Carolina
Questions about North Carolina
How much is North Carolina's divorce filing fee?
$225. Fee waiver: yes (sue as an indigent on affidavit; N.C.G.S. 1-110). (ncleg.gov)
How long is North Carolina's waiting period for divorce?
None after filing. No post-filing wait in the grounds statute; the spouses must have lived separate and apart for one year before filing (N.C.G.S. 50-6); the 30 days FindLaw cites is the answer period. (ncleg.gov)
What is North Carolina's residency rule for divorce?
Plaintiff or defendant resided in North Carolina for 6 months, and the parties have lived separate and apart for 1 year before filing (N.C.G.S. 50-6). (ncleg.gov)
Does North Carolina have an alimony formula?
No; discretionary, marital misconduct can bar (N.C.G.S. 50-16.3A). (recordinglaw.com)
Does North Carolina require a separation before divorce?
Yes. 1 year living separate and apart before filing (N.C.G.S. 50-6). (national chart)
How this page is built
Each rule here is one cell of the 51-row divorce dataset behind the national chart, with its source. Unrecorded cells are left out. Lawyers' fees are not sourced or counted. General information, not legal advice.