North Carolina requires a year apart before a divorce can be filed.
That year gives you time, not a deadline — there is nothing to file on day one. What matters most is what gets resolved, or at least put in writing, before the year runs.
The whole road, in order
6 steps · typical span 12–18 months- Separation beginsday 1
You and your spouse begin living in separate residences with the intent that the separation is permanent.
- Custody and child support, if you have childrenmonth 1-12
Can be addressed by agreement or by filing at any point during the separation year — it does not have to wait.
- A separation agreementmonth 1-12
A written contract covering property, debt, and support. Not required, but the most common way these questions get resolved without a trial.
- Equitable distribution of propertybefore divorce filed
Must generally be raised before the divorce is finalized, or the right to ask the court to divide property can be lost.
- The one-year markmonth 12
Once you have lived apart for a full year with the intent to remain separated, either spouse may file for an absolute divorce.
- Filing and finalizing the divorcemonth 12-15
A straightforward divorce, uncontested and with no property issues outstanding, is often resolved a few months after filing.
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Email it once. We do not keep it.