How Long Does a Divorce Take in North Carolina?

A long divorce process can be emotionally draining and financially detrimental for all those involved. “How long does a divorce take in North Carolina?” is a question you may find yourself looking up or asking your attorney. Though there is a minimum waiting period for a divorce to be finalized in North Carolina, there may be additional factors that can influence a divorce timeline, including child custody issues and disputes over the division of marital assets. A family lawyer can help navigate these complexities, ensuring that your interests are protected and the process moves as smoothly as possible.

The Divorce Process in North Carolina Explained

In order to get a better idea of the amount of time it takes to divorce in North Carolina, you should start by understanding the divorce process step by step.

An absolute divorce can be obtained by filing the required documents with the clerk of the county where you reside, including a formal divorce complaint requesting the divorce with a detailed breakdown of requests for property division and spousal support.

A divorce complaint should be accompanied by a copy of a summons, which should be served to your soon-to-be ex-spouse along with the complaint.

Once a settlement is reached, a divorce judgment may be requested. After attending a hearing, if required, a North Carolina family court judge can sign your divorce decree and issue your divorce judgment. A divorce lawyer can guide you through this process, ensuring that your rights are protected and all necessary legal steps are followed.

Factors Influencing How Long a Divorce Takes in North Carolina

Though the process of filing for and receiving an absolute divorce appears simple, there are several factors that may impact how long it can take.

• Residency Requirements: There is a six month residency requirement to file for divorce in North Carolina. If you have recently moved to the state, your divorce process may take longer.
• Minimum Waiting Period: A spouse may only file for divorce following a one-year separation period from their spouse. During the divorce process, the spouses should attest that they have lived in separate homes and that at least one spouse intended to divorce. Though an oath is sufficient, additional evidence and witnesses can help attest to the separation.
• Negotiations: Discussions over property division, child custody, and child and spousal support can lengthen the divorce process if parties cannot agree on the terms of their separation. If there are no children involved and no spousal support request from either party, a simple divorce process can make things quicker.
• Court Dates: Court availability may be another factor influencing the timeline of a divorce, especially if spouses require a hearing in front of a judge to determine their divorce settlement if they cannot come to an agreement.

Tips for Expediting a Divorce in North Carolina

There is no magic formula for finalizing a divorce quickly in North Carolina. Residency requirements and the separation period must be adhered to. There are, however, some steps you can take to ensure that the process does not take more than a couple of months following the one-year separation period.

Discuss the Terms of Your Divorce With Your Spouse

A separation agreement created during the one-year separation can help clarify financial responsibilities and the physical custody of any children involved. You can also discuss the terms of your divorce settlement during the separation period to facilitate the divorce process.

Seek Mediation

When both spouses are unable to agree on the terms of their divorce, it can help to pursue mediation. During the mediation process, a qualified attorney can help both spouses come up with an optimal divorce settlement that complies with North Carolina law. Divorce mediation is often preferred over a trial because it is typically quicker, less expensive, and allows both parties to have more control over the outcome. A divorce lawyer can guide you through mediation to reach a resolution that works for both parties.

Hire a Qualified Attorney

Not all aspects of a divorce can be anticipated or resolved on your own, and hiring a qualified attorney can be an important step in mitigating any factors that can lengthen the divorce process, including missing critical deadlines or steps in the divorce filing process or dealing with an uncooperative spouse.

FAQs

How Long Does It Take to Get a Divorce if Both Parties Agree in NC?

The minimum amount of time it takes to get a divorce if both parties agree in North Carolina is one year if one of the spouses meets the residency requirements for filing for divorce in the state. Following one year of separation, both spouses can provide a separation settlement, which can be reviewed and approved by a judge in a matter of months.

Can You Get an Immediate Divorce in NC?

You cannot get an immediate divorce in North Carolina. North Carolina law requires that two married spouses be separated for at least one year before a divorce petition can be filed in a court. A divorce settlement must then be reviewed by a judge before they can sign off on it and issue a divorce judgment.

Why Does NC Make You Wait a Year to Get a Divorce?

The one-year separation period required before a divorce petition can be filed is in place to ensure that the marriage is irreconcilable before an absolute divorce is issued. A divorce entails the division of assets and debts and can impact your children tremendously. For this reason, the separation period also provides you the opportunity to settle any financial and custody matters before beginning the divorce process.

What Is the 30-Day Rule for Divorce in NC?

The 30-day rule for divorce in NC refers to the amount of time given to a defendant to respond to a divorce petition. During this period, the respondent can provide a counterclaim to the petition regarding property division and child custody matters, as well as requests for spousal or child support. After the 30 days, a hearing may be scheduled to settle the terms of the divorce, or the time period can be extended if requested by the defendant.

Contact Our Lawyers Team to Get Help with Divorce

A divorce in North Carolina can take at least one year following the required separation period. This time frame can be extended if there are any disputes between you and your spouse regarding how marital property should be divided, who should receive custody of any children involved, and other matters.

Speak with a trusted family law attorney who can assist with your North Carolina divorce. With decades of practice helping residents in North Carolina with their family law needs, the attorneys at The Jonas Law Firm, P.L.L.C., can provide legal counsel and representation during your divorce. Contact us today to discuss your case with one of our knowledgeable divorce attorneys.