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How much does it cost to file for divorce in North Carolina?

North Carolina is one of the simplest states to price: an absolute divorce costs $225 to file in every county, set by the statewide court-cost statutes. Add $30 if the sheriff serves your spouse and $10 if you ask the judgment to restore a former name — a worked filing total of $255 to $265 for most couples.

North Carolina divorce fees at a glance

Unlike most states on this site, there is no county table to compare: North Carolina court costs are fixed in Chapter 7A of the General Statutes and collected identically by every clerk of superior court. The $225 figure is the current statewide cost for a district court civil filing of this type, confirmed against the North Carolina Judicial Branch's published divorce guidance and fee information; sheriff service is the statutory $30 per defendant under G.S. §7A-311. What the $225 does not buy is any decision about property, support or custody. An absolute divorce under G.S. §50-6 ends the marriage and nothing else — and, critically, claims for equitable distribution and alimony that are not pending when the divorce is granted are lost, which is the most expensive mistake North Carolina filers make. Background on the state's fee structure is in the North Carolina court costs guide.

The one-year separation comes first

North Carolina grants an absolute divorce on one ground only: the spouses have lived separate and apart for one year, and at least one of them has been a North Carolina resident for the six months before filing (G.S. §§50-5, 50-6). "Separate and apart" means separate residences with the intent to remain separated — separate bedrooms under one roof do not count, and an isolated act of resumed cohabitation can restart the year. There is no filing that starts the clock and no separation agreement required by the court, although couples routinely settle property and custody in a private separation agreement during the year, at no court cost at all. Because the divorce itself cannot divide anything, many couples pair the $225 filing with pending claims for equitable distribution (G.S. §50-20), child custody and support, or post-separation support and alimony filed before or alongside the divorce complaint; each of those is its own claim, and motions within them are charged at the $20 motion rate.

How the case runs

1. Live separate and apart for one full year, with six months' North Carolina residency for at least one spouse no court fee
2. File the verified complaint for absolute divorce, civil summons (AOC-CV-100) and Domestic Civil Action Cover Sheet (AOC-CV-750) with the clerk of superior court — the Judicial Branch publishes a free divorce packet $225
3. Serve your spouse by sheriff, certified mail with return receipt, or an authorised delivery service $30 by sheriff
4. Wait at least 30 days after service; if your spouse does not contest, set the case for hearing before the clerk or a district court judge.
5. Receive the Judgment of Absolute Divorce (AOC-CV-710). Add the $10 request beforehand if you want the judgment itself to restore a maiden or former name under G.S. §50-12.

What the $225 does not cover

Three related costs sit outside the filing fee. First, certified copies of the judgment — needed for remarriage, name changes at the DMV and Social Security, and benefit updates — are charged per page plus a certification charge by the clerk. Second, if a spouse cannot be found, service by publication requires a newspaper notice, priced by the paper, plus a diligent-search affidavit; it is the only route that pushes a simple North Carolina divorce well past $300 in court-side costs. Third, the eCourts File & Serve portal, now live statewide, adds a small electronic-payment convenience charge when you file and pay online rather than at the clerk's counter. None of this changes the underlying simplicity: compared with the county-by-county variation in Georgia divorce costs or Ohio divorce costs, North Carolina's single statewide number is the exception, and the full national table is on the divorce filing costs hub.

Can't afford the fee?

A filer who cannot pay may file a Petition to Proceed as an Indigent (AOC-G-106) with a Civil Affidavit of Indigency (AOC-CV-226) at the same time as the complaint. Receipt of means-tested benefits such as SNAP, TANF or SSI generally qualifies, and the clerk can decide the petition the same day; if granted, the filing cost and sheriff service are waived. See the fee waiver guide for how indigency waivers work generally.

Sources: North Carolina Judicial Branch — Absolute Divorce guidance and divorce packet (filing fee $225; forms AOC-CV-100, AOC-CV-710, AOC-CV-750) · N.C. Gen. Stat. §§7A-305 (civil court costs), 7A-311 (sheriff service $30), 50-5 and 50-6 (residency; one-year separation), 50-12 (name resumption, $10), 50-20 (equitable distribution). Last verified: October 2026 — confirm current figures with your clerk of superior court.