Can You File for Divorce Online in NC? eCourts Steps and Fees

You can file for divorce online in NC through the statewide eCourts File & Serve portal, which is now live in all 100 counties.¹ You and your spouse must have lived apart for a year, one of you must have been a North Carolina resident for six months, and the filing fee is $225. Before you upload anything, read the section below on property and alimony claims. Filing too fast is the single costliest mistake self-represented spouses make.

Who Can File

Two conditions have to be met. Either you or your spouse must have lived in North Carolina continuously for at least six months immediately before the case is filed. And the two of you must have lived separate and apart for one continuous year.² You will often see “one year and one day” repeated online, but the statute itself just says one year.

Separation means living in different homes with at least one spouse intending the split to be permanent. An isolated sexual encounter during the separation period does not restart the clock.² A genuine resumption of the marital relationship does. If you moved back in and lived as a couple before separating again, the full year starts over.

Protect Property and Alimony Claims Before You File

This is the trap. Under North Carolina law, an absolute divorce permanently destroys your right to equitable distribution of marital property unless the claim is filed before the divorce judgment is entered.³ Rush through the online portal without asserting a property claim and your ex keeps whatever is in their name: retirement accounts, equity in the house, other marital assets. You cannot come back for them later.

Alimony works the same way. A divorce judgment does not affect alimony rights already asserted in a pending action, but if no alimony claim is on file when the judge signs the divorce, postseparation support ends and the door closes.³ If there is any chance you will want a share of marital property or spousal support, file those claims separately before the divorce goes through.

One narrow exception: if you were served by publication because your spouse could not be located and you never appeared in the case, you have six months after the divorce judgment to bring an equitable distribution claim.³ Outside that situation, the deadline is absolute.

Documents You Need

Three documents form the core of the filing:

Complaint for Absolute Divorce, the formal request asking the court to end your marriage.
Civil Summons (form AOC-CV-100), which notifies your spouse that a case has been filed.
Report of Divorce or Annulment (form VS-4), used by the state for vital records.

You can download blank versions from the North Carolina Judicial Branch website.⁴ A better option for most people is Guide & File, a free online tool that asks you a series of questions and generates the completed forms for you.⁵ It works like tax-preparation software: your answers determine the next question, and the system supplies the correct legal language.

Accuracy matters more than people expect. Enter full legal names exactly as they appear on your marriage certificate. Get the separation date right; even a one-day error can create problems. If you want a prior last name restored, ask for that in the complaint and the judge will typically include it in the judgment without a separate name-change proceeding. You will also need to identify any children born during the marriage, even though the divorce itself only addresses marital status.

How to File Through eCourts

The eCourts File & Serve portal handles electronic filing for all 100 North Carolina counties.¹ Create an account and select the county where you or your spouse lives. Upload the completed complaint, summons, and vital records form. The system will prompt you to pay the filing fee by credit card or electronic check before accepting the submission.

Once payment processes, the system stamps your documents with the official filing date and time. You will get a confirmation email, and the online dashboard lets you track the case going forward. Download the file-stamped copies. Those are the versions you must serve on your spouse.

If you used Guide & File to prepare your forms, the tool generates the documents but does not file them for you. You still have to upload them through File & Serve or take them to the clerk’s office in person.⁵

Filing Fee and Fee Waiver

The filing fee for an absolute divorce in North Carolina is $225. The e-filing portal may add a small convenience fee for electronic payment processing.

If you cannot afford the fee, submit a Petition to Sue as an Indigent (form AOC-G-106) and ask the court to let you file without paying.⁶ The form asks whether you receive public assistance such as SNAP, TANF, or SSI. If you do, the court will generally grant the waiver. If you don’t receive public assistance but still can’t afford the fee, you can explain your financial situation and the clerk may ask for more details before deciding.

Serving Your Spouse

Filing the complaint only opens the case. Your spouse must be formally notified through service of process before the case can move forward.⁷ Four methods are accepted:

Sheriff delivery. The county sheriff’s office will hand-deliver the papers for a small fee, typically around $30, and files proof of delivery for you.
Certified mail with return receipt requested. The signed receipt proves your spouse received the file-stamped summons and complaint.
Acceptance of service. If your spouse is cooperative, they can sign an Acceptance of Service form acknowledging voluntary receipt. This is the simplest option for uncontested cases.⁸
Service by publication. If you genuinely cannot locate your spouse, you can ask the court for permission to publish notice in a newspaper in the county where your spouse was last known to live. The notice runs once a week for three consecutive weeks. If your spouse does not respond after publication, the court can proceed without them.

After service, proof must be filed with the court. For sheriff delivery, the sheriff files the return of service. For certified mail, you file the signed return receipt. For acceptance of service, you file the signed form. Without proof of service on file, your case will not move.

From Response to Final Judgment

Your spouse has 30 days after being served to file a response. In an uncontested absolute divorce, most defendants either do nothing or file a brief answer that does not dispute the divorce. If no response arrives within 30 days, you can proceed.

You then schedule a hearing. North Carolina courts will not grant the divorce on paperwork alone; you have to appear before a judge and testify briefly under oath that you meet the eligibility requirements. The hearing is short. The judge will confirm that you lived apart for a year, that at least one of you has been a North Carolina resident for six months, and that the separation was not interrupted. In most cases you leave the courthouse with a signed divorce judgment that same day.⁹

1
North Carolina Judicial Branch. eCourts Is Now Live in 13 More North Carolina Counties
2
North Carolina General Assembly. North Carolina Code Chapter 50, Article 1, Section 50-6 – Divorce After Separation of One Year on Application of Either Party
3
North Carolina General Assembly. North Carolina Code GS 50-11
4
North Carolina Judicial Branch. North Carolina Divorce Packet
5
North Carolina Judicial Branch. eCourts Guide and File
6
North Carolina Judicial Branch. Petition to Sue/Appeal/File Motions As an Indigent
7
North Carolina General Assembly. North Carolina Code GS 1A-1, Rule 4 – Process
8
North Carolina Judicial Branch. Acceptance of Service
9
North Carolina Judicial Branch. Separation and Divorce