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North Carolina State Laws
Updated for 2026

North Carolina Divorce Laws

Your complete guide to divorce in North Carolina. Requires 1 year separation before filing.
6 months
Residency Required
1 year
Separation Required
Equitable
Property Division
$11,500
Average Cost

Understanding North Carolina Divorce Law

Property Division

North Carolina follows Equitable Distribution.
Fair Division

Grounds for Divorce

No-Fault: 1 year separation with intent to divorce
Separation Required

Child Custody

Courts consider best interests factors including domestic violence.
Best Interests

Child Support

Uses the Income Shares Model.
Income Shares Model

Child Custody Factors

1
Acts of domestic violence
2
Safety of child
3
Safety of either party
4
Any other factor relevant to the welfare of the child

Spousal Support

Post-Separation Support

Short-term during proceedings

Alimony

Long-term periodic payments

Lump Sum Alimony

One-time payment

Key Statutes

N.C.G.S. 50-6
Grounds for Divorce
One year separation
N.C.G.S. 50-20
Property Division
Equitable distribution
N.C.G.S. 50-13.2
Child Custody
Best interests standard

Recent Changes

2024
Child Support Updates
North Carolina updated child support guidelines.

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