North Carolina Family Laws

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

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

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.

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.

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 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.

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.

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.