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Same-Sex Divorce in North Carolina

Legal considerations for same-sex divorce in North Carolina. Property, custody, and unique challenges. North Carolina follows equitable distribution.

Property Type

Equitable

Filing Fee

$225

Median Cost

$9,000–$38,000

Annual Divorces

35,000+

Understanding Same-Sex Divorce in North Carolina

North Carolina processes approximately 35,000+ divorces annually. Understanding your rights and options specific to North Carolina is essential before making decisions that will affect your finances and family for years to come.

North Carolina follows equitable distribution rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Unnatural sexual acts, Abandonment). Filing fees are $225, with a residency requirement of 6 months.

The median cost ranges from $9,000 for uncontested cases to $38,000 for contested divorces. Under N.C. Gen. Stat. §50-5.1, courts consider multiple factors when making decisions about property, support, and custody.

Common Questions

How long do you have to live in North Carolina to file for divorce?
North Carolina requires 6 months of residency before you can file for divorce. N.C. Gen. Stat. §50-5.1 governs the filing requirements.
Is North Carolina a community property or equitable distribution state?
North Carolina follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in North Carolina?
Filing fees in North Carolina range from $225. The median total cost is approximately $9,000 for uncontested divorces and $38,000 for contested cases.
How long does a divorce take in North Carolina?
North Carolina has a mandatory waiting period of 12 months separation required. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in North Carolina?
North Carolina uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about same-sex divorce in North Carolina and is not legal advice. Verify current statutes with N.C. Gen. Stat. §50-5.1 or consult a licensed North Carolina attorney. Last reviewed March 2026.