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North Carolina law

Family Laws in North Carolina.

North Carolina is a no-fault divorce state requiring at least 1 year and 1 day of separation before filing. For property division, NC follows equitable distribution with a presumption of equal (50/50) division. Child custody is determined by the best interests of the child standard. NC does not enumerate a specific list of statutory custody factors — the statute instructs judges to consider "all relevant factors." Marital misconduct is relevant to alimony — adultery by the dependent spouse bars alimony.

Last verified: 2026-02-25

State law

Statute of Limitations

Varies by action typeN.C. Gen. Stat. § 50-6

No statute of limitations for divorce, but spouses must have lived separate and apart for at least 1 year and 1 day. At least one spouse must have been a NC resident for 6 months.

State law

Filing Requirements

Divorce Filing Fee~$200

Filing fee is approximately $200 in district court, varies slightly by county.

Residency RequirementN.C. Gen. Stat. § 50-6

At least one spouse must have been a NC resident for at least 6 months before filing.

Separation RequirementN.C. Gen. Stat. § 50-6

Spouses must have lived separate and apart for at least 1 year and 1 day. No separation agreement is required — living in separate residences with at least one intending permanence is sufficient.

State law

Key North Carolina Statutes

Best Interests of the ChildN.C. Gen. Stat. § 50-13.2

Courts determine custody based on the best interests of the child, considering "all relevant factors" including acts of domestic violence and the safety of the child. No presumption favors either parent. Mediation is required before trial in most custody disputes.

Equitable Distribution (50/50 Presumption)N.C. Gen. Stat. § 50-20

Marital property is presumed to be divided equally. Courts may adjust based on factors including income, property, obligations, duration of marriage, age, health, contributions (including homemaker), and tax consequences. Divisible property (value changes after separation) is also subject to distribution.

Alimony (Marital Misconduct Matters)N.C. Gen. Stat. § 50-16.3A

Alimony is awarded based on 16 factors. Marital misconduct is significant: if the dependent spouse committed illicit sexual behavior, alimony shall not be awarded. If the supporting spouse committed illicit sexual behavior, alimony shall be awarded. Terminates upon remarriage or cohabitation.

Child Support (Income Shares)N.C. Gen. Stat. § 50-13.4

Uses the income shares model. Uniform statewide guidelines are prescribed by the Conference of Chief District Judges. Courts can deviate upon a showing that application would not meet or would exceed the child's reasonable needs.

Domestic Violence Protective Orders (50B)N.C. Gen. Stat. Chapter 50B

Victims may obtain a 50B protective order. Violation is a Class A1 misdemeanor (most serious misdemeanor). Repeat or aggravated violations can be charged as felonies. Law enforcement must arrest upon probable cause of violation.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Carolina.

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