2024 How Long Does a Divorce Take in North Carolina?

Deciding to separate can be a difficult decision for spouses. In North Carolina, deciding to separate is just the beginning of the process. The divorce requirements set by the state leave many couples wondering if they qualify and how long the process will take if they do. A Monroe divorce lawyer can help you make this complex process more simple.

While some separations are amicable, others are messy. Due to the unique nature of every situation, the exact length of a divorce in North Carolina varies. A general rule is that the longer the marriage, the longer the divorce process. This is due to the likelihood of contested issues in the divorce case. Although it may sound immensely difficult to handle alone, a divorce lawyer can help simplify things.

Separation and Divorce in North Carolina

The two types of separation in North Carolina are absolute divorce and divorce from bed and board. Although it has a confusing name, divorce from bed and board, or DBB, is a court-ordered separation, not a divorce. The courts grant this separation under limited circumstances when serious fault is involved. Examples of serious fault include but are not limited to, abandonment, physical abuse, infidelity, and drug usage.

Under divorce from bed and board, neither spouse has the right to remarry. Absolute divorce provides a total dissolution of the marriage. While it has certain requirements, it provides the freedom to remarry.

Understanding Divorce Requirements in North Carolina

North Carolina is considered a no-fault state, meaning a couple can get divorced without proof that either spouse did anything to cause the split. Despite this, fault or misconduct typically affects matters such as alimony or division of property.

There are two types of grounds for divorce in North Carolina:

1. A couple has to be physically separated for at least one consecutive year
2. Insanity of one spouse that cannot be cured, and the couple have been physically separated for three consecutive years

In addition, one of the spouses must currently live in North Carolina and must have lived in the state for at least six months before filing for divorce. Unlike some states, both parties do not have to agree to get divorced in North Carolina. One party can file alone.

Physical Separation

To legally file for an absolute divorce in North Carolina, a couple needs to be separated for at least a year first. In addition, the state requires at least one partner to intend for the physical separation to be permanent. If the spouses are not speaking but still live in the same house, this does not qualify as legal separation. Legal separation involves spouses living in physically different places of residence for a consecutive year.

Though not required, a separation agreement may be beneficial. It helps outline each spouse’s responsibilities and details the separation, spousal support, and any applicable child support and custody decisions. This document must be in writing, signed by both spouses, and notarized.

After a year and a day, a couple can begin completing the work necessary to complete the divorce. The separation agreement can be presented to the court to assist in proving separation.

Uncontested vs. Contested Divorces

The main difference between uncontested and contested divorces is that in uncontested divorces, the parties have reached an agreement on all major issues. While most divorces end uncontested, parties that start the divorce process in agreement tend to have a shorter process.

When parties cannot reach an agreement without the help of a court, this is a contested divorce. In contested divorces, judges intervene on the behalf of the spouses. Common issues are:

• Alimony (or Spousal Support): An order for payment for the support of a spouse or former spouse
• Child Custody: The right to make major life decisions about a child and have the child in one’s care
• Child Support: Money paid by a parent to meet the reasonable needs of the parent’s child
• Division of Property: marital property divided fairly between spouses

The number of issues in a contested divorce contributes significantly to the length of the divorce. Agreements made without the help of a court save time and money, so uncontested divorces are strongly encouraged in most situations.

There is a mandatory waiting period of 30 days after the divorce is filed for it to be finalized. Typically, it takes less than 60 days to finalize an uncontested divorce. Contested divorces often take at least a year, not including the mandatory year of separation. With the physical separation, uncontested divorce in North Carolina will take, at minimum, one year and thirty to sixty days, while contested divorce can take at least two years.

FAQs About How Long Does a Divorce Take in North Carolina

How Quickly Can You Get a Divorce in NC?

While no divorce is quick, a divorce can be finalized in North Carolina in a minimum of a year and thirty days (including the mandatory year of physical separation). In these cases, the parties would have an uncontested divorce, meaning they agree on all issues before filing the divorce paperwork.

How Will I Know My Divorce Is Final in NC?

The divorce is finalized when a judge signs the judgment of divorce and the divorce decree. Once finalized, the parties are no longer married under the law, and they are free to remarry. Completing the necessary work for an uncontested divorce in less than 60 days is possible.

How Is a Divorce Finalized in NC?

A divorce in North Carolina is finalized once all work has been done and submitted by the parties, and the judge signs the judgment of divorce and the divorce decree. The date listed on the final judgment of divorce is the date determining that the divorce is finalized.

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

An uncontested divorce occurs if parties agree on all issues. Uncontested divorces take considerably less time than contested divorces in North Carolina. Since the parties do not need mediation or intervention from a judge, the divorce process can be finalized in as little as 60 days for most cases.

Contact Lehnhardt Price Family Law

North Carolina divorces do not occur overnight—they take time and effort. If you are considering a divorce in North Carolina, speaking to an attorney with the knowledge and resources necessary to help make the complex process easier is essential to your well-being. For more information, contact Lehnhardt Price Family Law to discuss the specific details of your case and help you understand your options.