Can I Get a Divorce in NC Without a Lawyer? DIY Divorce Guide 2025

Can You Get Divorced in North Carolina Without a Lawyer?

Yes, you can get a divorce in North Carolina without a lawyer. It's called a "pro se" divorce (representing yourself). However, whether you should do it yourself depends on your specific situation.

Short Answer: You can file for divorce without a lawyer in NC if: (1) your divorce is uncontested (you agree on everything), (2) you have no minor children, (3) you have minimal property/assets, and (4) neither spouse wants alimony. Otherwise, hiring a lawyer is strongly recommended to protect your rights.

When You CAN Do Your Own NC Divorce

A DIY divorce works best when:

• ✓ You and your spouse agree on EVERYTHING
• ✓ No minor children together
• ✓ Minimal property (no house, cars are paid off, minimal savings)
• ✓ No retirement accounts (401k, pension, IRA)
• ✓ Neither spouse wants alimony
• ✓ Short marriage (under 5 years)
• ✓ Both spouses are employed and self-sufficient
• ✓ No domestic violence or abuse
• ✓ You've been separated for 1+ year
• ✓ Both spouses are cooperative and willing to handle paperwork

Example of Good DIY Divorce: Married 2 years, no kids, rent an apartment, both have jobs, minimal belongings, friendly separation. Both just want to be officially divorced. Lawyer probably not needed.

When You SHOULD Hire a Divorce Lawyer

You should hire an attorney if:

• ❌ You have minor children (custody is complex)
• ❌ You own a home together
• ❌ Either spouse has retirement accounts (401k, pension)
• ❌ You own a business
• ❌ Significant assets or debt (over $25,000)
• ❌ One spouse wants alimony
• ❌ You disagree on child custody, support, or property division
• ❌ Domestic violence or abuse is involved
• ❌ One spouse is hiding assets
• ❌ Adultery is alleged (affects alimony in NC)
• ❌ Your spouse has hired a lawyer
• ❌ You don't understand NC divorce law
• ❌ Marriage lasted 10+ years

Example of BAD DIY Divorce: Married 15 years, 2 kids (ages 8 and 12), own home with $150K equity, husband has $200K in 401k, wife stayed home for 10 years, wife wants alimony, disagreement about custody. You NEED a lawyer. DIY divorce will cost you far more than lawyer fees.

How to File for Divorce in NC Without a Lawyer

Step 1: Meet NC Divorce Requirements

Before you can file, you must meet these requirements:

• Separation: You and your spouse must live in separate residences for 12 consecutive months
• Residency: At least one spouse must be a North Carolina resident for 6+ months
• Intent: At least one spouse must intend the separation to be permanent

You cannot waive or shorten the one-year separation. It's mandatory.

Step 2: Get the Divorce Forms

You'll need these forms (available free from NC Courts):

• Complaint for Absolute Divorce (Form AOC-CV-400)
• Civil Summons (Form AOC-CV-100)
• Verification (notarized statement that facts are true)
• Affidavit of Service or Acceptance of Service (Form AOC-CV-105)
• Judgment of Absolute Divorce (Form AOC-CV-405)

Download free NC divorce forms: NC Courts Divorce Forms

Step 3: Complete the Complaint for Absolute Divorce

Fill out the Complaint for Absolute Divorce (AOC-CV-400). You'll need:

• Your name and address (Plaintiff)
• Spouse's name and address (Defendant)
• Date of marriage
• Date of separation
• County where you currently live
• Statement that you've been separated for 1+ year
• Statement that you or your spouse has been NC resident for 6+ months

Important: Be accurate with dates. The "date of separation" is critical - it's when you started living in separate residences with intent to divorce.

Step 4: File the Complaint with the Clerk of Court

Take your completed forms to the Clerk of Superior Court in the county where you OR your spouse lives.

Filing fee: $225 (as of 2025, subject to change)

If you cannot afford the filing fee, you can request a fee waiver by filing an "Affidavit of Indigency" (Form AOC-G-106).

Step 5: Serve Your Spouse

After filing, you must "serve" your spouse with divorce papers. This means officially delivering copies of the Complaint and Summons to them.

Options for service:

• Sheriff Service: Sheriff delivers papers ($30 fee). Most common method.
• Certified Mail: You mail papers via certified mail, return receipt requested.
• Acceptance of Service: Your spouse signs a form (AOC-CV-105) acknowledging receipt. Easiest if you're on good terms.

You CANNOT serve the papers yourself. Someone else (sheriff, process server, or friend over 18) must do it.

Step 6: Wait 30 Days

After your spouse is served, they have 30 days to respond.

In an uncontested divorce, your spouse will likely not file a response (they're agreeing to the divorce). If they DO file a response opposing the divorce, you'll need to hire a lawyer - it's now contested.

Step 7: Request a Court Date (or Waive Hearing)

After 30 days, you can:

• Option A: Schedule a hearing before a judge (if required by your county)
• Option B: File for a "Summary Judgment" and have the judge sign the Judgment of Divorce without a hearing (easier, some counties allow this)

Check with your county's Clerk of Court for local procedures.

Step 8: Attend Hearing (if required)

If your county requires a hearing, you'll appear before a judge (usually 5-10 minutes). The judge will ask:

• Have you been separated for 1+ year?
• Did you live in separate residences?
• Do you intend the separation to be permanent?
• Are you or your spouse an NC resident for 6+ months?

If you answer yes to all questions, the judge will grant the divorce.

Step 9: Judge Signs Judgment of Absolute Divorce

The judge signs the Judgment of Absolute Divorce (Form AOC-CV-405). This is your official divorce decree.

Your marriage is now legally dissolved. You're free to remarry.

Step 10: Get Certified Copies

Get several certified copies of your Judgment of Divorce from the Clerk's office ($3 per copy). You'll need these for:

• Changing your name on driver's license, passport, Social Security card
• Updating insurance policies
• Bank accounts and credit cards
• Employer benefits

How Long Does a DIY Divorce Take in NC?

• If uncontested: 1 year (separation) + 2-3 months (paperwork & court) = 14-15 months total
• If any complications: Add 3-12 months

The one-year separation is the longest part. Once you file after the year is up, the actual divorce process is fairly quick if uncontested.

How Much Does a DIY Divorce Cost in NC?

Typical DIY divorce costs:

• Filing fee: $225
• Sheriff service: $30
• Certified copies: $15-30 (5-10 copies)
• Notary fees: $10-20
• Total: $280-$305

Compare to hiring a lawyer:

• Uncontested divorce with lawyer: $1,500 - $3,500
• Contested divorce with lawyer: $10,000 - $50,000+

So yes, DIY is cheaper upfront. But mistakes can cost you much more.

Common DIY Divorce Mistakes (That Cost You Later)

• ❌ Not filing for property division before divorce is final - You lose the right forever. You MUST file for "equitable distribution" before the judge signs the absolute divorce decree.
• ❌ Not addressing retirement accounts - You might be entitled to half your spouse's 401k/pension accrued during marriage, but only if you file QDRO (Qualified Domestic Relations Order) paperwork.
• ❌ Agreeing to unfavorable terms - Your spouse convinces you to accept less than you're entitled to because you don't know the law.
• ❌ Missing alimony deadlines - If you don't file for alimony before the divorce is final, you can't get it later.
• ❌ Incorrect separation date - This affects what property is "marital" vs. "separate." Getting it wrong can cost you thousands.
• ❌ Not understanding tax consequences - How you divide property, retirement, and debt has major tax implications.

Warning: Once the judge signs your divorce decree, you CANNOT go back and claim property or alimony. These rights are gone forever. This is why lawyers are so important - they make sure you don't accidentally waive valuable rights.

DIY Divorce vs. Limited Scope Representation

If you can't afford a full-service lawyer but want some legal help, consider "limited scope representation" (also called "unbundled services"):

A lawyer can help with just one part of your divorce:

• Review your separation agreement ($500-$1,000)
• Draft divorce paperwork ($750-$1,500)
• Review forms before you file ($300-$500)
• One-time consultation to explain your rights ($200-$400)
• Calculate property division ($500-$1,000)

You save money compared to full representation, but avoid costly mistakes.

When Your Spouse Has a Lawyer (But You Don't)

If your spouse hires a lawyer and you don't, you are at a SEVERE disadvantage.

Their lawyer will:

• Know NC divorce law inside and out
• Draft agreements that favor their client
• Use legal tactics you don't understand
• Pressure you to accept unfair terms
• Take advantage of your ignorance

Bottom line: If your spouse has a lawyer, you need one too. Period. The cost of NOT having a lawyer will exceed the cost of hiring one.

Free NC Divorce Resources

• NC Courts Self-Help: Free forms and guides
• Legal Aid of North Carolina: Free legal help for low-income residents
• NC Bar Association Lawyer Referral: Find a divorce lawyer
• Courthouse Self-Help Centers: Many NC counties have free help centers at courthouses

Final Recommendation: Should You DIY Your NC Divorce?

Get a Free Divorce Consultation

Still not sure whether to DIY or hire a lawyer? Most divorce attorneys (including Vasquez Law) offer FREE consultations.

In a free consultation, we'll:

• Assess whether your divorce is truly "simple" or more complex than you think
• Explain your legal rights regarding property, custody, and alimony
• Identify potential issues you might miss on your own
• Review any separation agreement your spouse proposes
• Quote you a fair price for representation
• Discuss payment plans if cost is a concern

Even if you decide to DIY, a consultation helps you understand what you're getting into.

Call (980) 267-6460 or contact us online for your free NC divorce consultation.