Divorce is never easy, but understanding the process can help reduce confusion and stress. Whether your separation is amicable or contested, knowing what to expect under North Carolina law—especially in Wake County—can empower you to make informed decisions and move forward with confidence. This guide walks you through every step of filing for divorce in Wake County, NC, including timelines, required documents, and tips for avoiding common pitfalls.
Step 1: Meet the Basic Requirements
Before filing for divorce in North Carolina, you must:
- Be legally separated for at least one year and one day. This that one of you must have left the marital residence with the intent to separate, and you have not resumed the marital relationship during that years’ time.
- Have at least one spouse who has lived in NC for at least 6 months prior to filing.
Legal separation begins when you and your spouse stop living together with the intent to remain separated. There is no requirement that anything be “filed” just that you are both able to testify truthfully that the separation has occurred.
Not only has Attorney Vasilko shown her tenacity for her client but will continue to prove valuable for all other individuals who find themselves in a similar situation. Vasilko & Pedersen, PLLC is excited and proud of the achievement Attorney Vasilko offers to the clients of Wake and surrounding counties and will be waiting to see her next achievement.
Step 2: Prepare the Required Forms
In Wake County, you will need to file the following:
- Complaint for Absolute Divorce
- Civil Summons
- Domestic Civil Action Cover Sheet
- Servicemembers Civil Relief Act Affidavit (SCRA)
You may also need a Motion for Summary Judgment if you wish to avoid a court hearing later
Step 3: File with the Clerk of Court
File your completed paperwork at the Wake County Clerk of Court:
- Wake County Courthouse, 316 Fayetteville St., Raleigh, NC
- Bring three copies of all documents
- Pay the filing fee (currently around $225; fee waivers may be available depending on your income)
Step 4: Serve Your Spouse
You are legally required to serve your spouse with the divorce complaint. Options include:
- Sheriff’s service ($30 fee)
- Certified mail with return receipt requested
- Process server or publication (if whereabouts are unknown) and you hvae tried service the above ways at the parties’ last known address.
Your spouse has 30 days to respond after being served.
Step 5: Request a Hearing or Summary Judgment
Once your spouse is served and the waiting period passes:
- Request a divorce hearing OR
- File a Motion for Summary Judgment (if uncontested)
Your divorce can typically be finalized within 45-60 days of filing, depending on court schedules and how long it takes to property serve your spouse.
Step 6: Finalize the Divorce
- Attend the hearing
- Receive your Divorce Decree
Be sure to address property division, alimony, custody, and support in separate legal actions or agreements—your divorce judgment alone does not handle these issues automatically.
Important Considerations:
- Separation Agreements and other consent orders (if applicable to your case) can help resolve support, custody, and property matters before divorce is finalized.
- Equitable Distribution Claims and claims for Spousal Support must be filed and pending before the divorce is granted or you may lose the right to pursue them.
- If children are involved, consider filing for custody and child support in tandem.
Need Help Filling for Divorce in Wake County?
At Life Path Legal Partners, we understand how overwhelming divorce can be. Our team is here to simplify the process, provide sound legal guidance, and help you protect what matters most. Our team can simpify the process for you in discussing what may be needed for your particular situation; draft and file all of the required documents; perfect service; and attend the hearing for you.
