In North Carolina, you can file for a nofault divorce once you and your spouse have lived separately for one year and one day prior to filing. Ways and requirements to end your marriage or domestic partnership, including separation, divorce, property, alimony and enforcement.Filing for divorce without your spouse's consent is possible in all 50 states. Learn how it works and contact a divorce attorney today. Many states, including North Carolina, allow parties to finalize a divorce even when one of the spouses refuses to sign divorce papers. There are both federal laws and state laws surrounding spousal spying. Find info to end your marriage or domestic partnership, requirements, court process, and a divorce packet. In North Carolina, if your spouse had an affair, the law allows for you to file a lawsuit against the person your spouse had an affair with. That will constitute service and then you can obtain a non contested divorce. The court has a specific form that you can complete if you think you meet the requirements of filing without paying court costs.