How Do You File for Divorce in North Carolina If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in North Carolina, with children and a jointly owned home. What does that look like—what are the residency requirements, how do they divide property, who keeps the house, what about custody?”

Divorce Basics in North Carolina

• Residency requirement

  • One spouse must have lived in North Carolina for at least six months immediately before filing.

• Grounds

  • North Carolina allows no-fault divorce through a separation of one year, during which spouses live separate and apart with the intent to end the marriage.

  • Divorce may also be granted for incurable insanity with a longer separation.

• Where to file

  • File in the county of residence—whether in Charlotte, Raleigh, Greensboro, Durham, or other areas.

• Process overview

  • File petition for absolute divorce → complete required separation period → address custody, child support, and property division through agreement or court order → final divorce judgment.

Do You Need a Lawyer to Get a Divorce in North Carolina?

• Not required, but highly recommended with children and property involved.

• How a lawyer or mediator helps

  • Drafting separation agreements.

  • Handling valuation of home, debts, and retirement.

  • Negotiating spousal support (alimony or post-separation support).

  • Ensuring rights are protected before deadlines for equitable distribution.

How Much Does It Cost to Get a Divorce in North Carolina?

• Court filing and service fees.

• Attorney or mediator fees depending on conflict.

• Home appraisals or valuations of assets and retirement accounts.

• Possible custody evaluation or guardian ad litem costs.

What About the House & Property Division for Divorce in North Carolina?

• North Carolina uses equitable distribution: property is divided fairly, though not always equally.

• Marital property includes assets and debts acquired during marriage.

• Separate property includes assets owned before marriage, gifts, and inheritances if not commingled.

• Factors considered

  • Length of marriage.

  • Economic circumstances of each spouse.

  • Contributions, financial and non-financial.

  • Custodial parent’s need to stay in the marital home.

  • Age, health, and earning ability.

  • Debts and tax consequences.

• House options: sale and split, buy-out, or awarding to custodial parent with offset.

Custody, Parenting Time & Child Support for Divorce in North Carolina

• Custody decisions are based on the best interests of the child.

• Parenting time schedules prioritize stability and education.

• Child support is determined by guidelines based on income and parenting time.

• Temporary orders may decide who lives in the home and cares for children during separation.

Things You Must Know About Getting Divorced in North Carolina!

• You must request equitable distribution before the final divorce judgment or you lose property rights.

• Separation requires spouses to live apart with intent to end the marriage—separate bedrooms may not count.

• Even if your name isn’t on the deed, marital contributions matter.

• Temporary living and payment arrangements can shape final decisions.

• Health, age, and ability to earn influence spousal support and property division.

A Gentle Reminder About Divorce in North Carolina

This post is for educational purposes only and is not legal advice. Laws vary by county, from Charlotte to Raleigh to Asheville, and outcomes depend heavily on your case.

At Fresh Starts, you can search our Expert Guide by state to find North Carolina attorneys, mediators, real estate appraisers, and child custody professionals who can help you protect your kids, your home, and your future.