Filing for divorce generally includes (1) filing the necessary paperwork with the appropriate state or county court; (2) paying the filing fee; and (3) having the paperwork properly served on (handed to) your spouse—known as service of process.

This paperwork generally consists of a complaint or petition that includes the names of the spouses, the grounds for the divorce (fault or no-fault), whether there are children involved in the marriage, and whether the spouse is seeking child custody, child support, or spousal support.

A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce. Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.

Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.

In North Carolina, filing for divorce requires that one of the spouses has been a resident of the state for at least six months prior to filing. The process begins with the filing of a divorce complaint with the district court in the county where one of the spouses resides. The complaint should include basic information such as the names of the spouses, the grounds for divorce, and details about children if applicable, as well as any requests for child custody, child support, or spousal support. North Carolina allows for no-fault divorces, which means that the only ground required is a separation for over one year with the intention of remaining separate and apart. After filing, the filing fee must be paid, and the other spouse must be served with the divorce papers, which is known as 'service of process.' The served spouse has the opportunity to respond to the complaint, and the process moves forward from there, potentially involving mediation or court hearings if there are contested issues.