North Carolina Uncontested Divorce Kit

You and your spouse must have lived continuously separate and apart for at least twelve months and a day, and at least one of you must have intended at the time of separation that it be permanent (G.S. 50-6). Isolated incidents of sexual intercourse between you don't reset the clock, but an actual resumption of the marital relationship is a different question with its own rule (G.S. 52-10.2). If you're unsure whether something during your separation counts, that's worth a quick conversation with an attorney before you file.

Read the full North Carolina divorce process guide →

It depends on your county. Many North Carolina counties use a "Clerk Divorce" track: once 30 days have passed since your spouse was served, the Clerk of Superior Court reviews your Judgment and Certificate and signs without a hearing. Some counties instead require a brief hearing in front of a judge. Your local Clerk of Court can tell you which applies where you're filing — we can't promise which one you'll get.

A Separation Agreement is a written contract, signed by both spouses and acknowledged before a notary or other certifying officer, that settles property, debts, and alimony between you. It is not a court form and is not required to file for an Absolute Divorce — but if you have property, debts, or alimony to sort out, resolving it in a signed agreement (or a pending court claim) before your divorce is final is what protects those rights. Without one, you may lose the ability to raise them afterward.

Under G.S. 50-11, an absolute divorce generally destroys your right to equitable distribution (property/debt division) unless you already have a pending claim before the judgment is signed, or you have a written separation agreement covering it. A pending alimony or postseparation-support claim, by contrast, survives the divorce judgment. Either way, resolve these before you file if you can — this kit's packet is built for filers who have already sorted out money and property, not for raising those claims.

You'll still list them on the Complaint, but this packet does not include custody, visitation, or child support paperwork — those are separate legal proceedings with their own forms and, often, their own timelines. Get custody, visitation, and support sorted out (through agreement or a separate filing) alongside your divorce, not as part of it.

Four ways: a notarized Acceptance of Service your spouse signs voluntarily; Sheriff service ($30 if they're in North Carolina); Certified Mail, where you file a notarized Affidavit of Return of Service; or Publication, which the state's own guidance recommends getting an attorney's help with. Acceptance of Service proves your spouse was notified — it doesn't admit the complaint or waive their 30-day response window.

The published filing fee is $225, plus $10 if you're resuming a maiden or pre-marriage name. Add $30 for sheriff service if your spouse won't sign an Acceptance of Service. Court-set fees can change and may vary slightly by county; confirm the current amount with your Clerk of Superior Court before filing. If you can't afford it, the Petition to Proceed as an Indigent (AOC-G-106) is an option if you qualify.

Yes, and we say so plainly. What the state doesn't hand you is a plain-English roadmap connecting the Complaint, Summons, Cover Sheet, SCRA Affidavit, service proof, and Judgment into one sequence, or an explanation of which finalization track your county likely uses. That's what the $129 buys. If you're comfortable working it out yourself from the court's own packet, please do that instead.

Email support within 30 days and we will refund you in full. See our Terms of Use for details. We are not a law firm, cannot give legal advice, and cannot appear or file on your behalf — you file with your Clerk of Superior Court yourself.