How Long Does a Divorce Take in NC?

For a married couple to divorce in North Carolina, they must first separate and live apart for 12 months. Afterward, an uncontested divorce can be concluded in 30 to 60 days. A contested divorce will take longer to finalize, depending on the number of issues in dispute.

No matter how simple or complex your separation and divorce may be, the Jacksonville divorce lawyers at The Law Offices of John Drew Warlick, P.A., can provide the legal guidance necessary to put you on the path to a brighter future.

Contact us today for a consultation about your case.

Are There Certain Requirements for Divorce in North Carolina?

North Carolina allows no-fault divorce. This means a couple can end their marriage without demonstrating that either of them has caused their marriage to fail. But there are several requirements to get a divorce. To obtain an uncontested divorce in North Carolina, one or both parties to the marriage must:

• Live separately and apart for at least one year, with at least one spouse having resided in the state for at least six months prior to filing for divorce.
• File a petition for divorce and have the papers served on the other spouse.
• Prepare a separation agreement outlining the terms of the divorce. Usually, a couple works out the issues that must be addressed in a separation agreement during the year of separation.
• Attend a hearing, at which a judge will review the settlement agreement and issue an order granting a complete and final divorce. At that point, the couple is no longer married, and the terms of their separation agreement become legally binding.

What Are the Steps in the Divorce Process in North Carolina?

After a married couple in North Carolina has lived separately and apart for at least 12 consecutive months, with at least one of them intending for the separation to be permanent, either of them may file for a divorce.

To initiate divorce proceedings in North Carolina, one spouse must file a divorce complaint with the Clerk of Court in the county where they live. A divorce attorney may file the petition on behalf of a client and have the county sheriff’s department serve the divorce papers on the other spouse.

Once served with divorce papers, the spouse has 30 days to respond.

Thirty days after a divorce complaint has been served, the spouse filing for divorce may request a hearing.

At the scheduled hearing date, the spouse who filed for divorce must appear in family court. In an uncontested divorce in which the couple has adopted a separation agreement, both spouses would attend the hearing to acknowledge the contents of the separation agreement.

A divorce hearing may proceed without a spouse attending or answering the divorce complaint. Sometimes a spouse cannot locate the other, or the other spouse simply will not cooperate. The absent spouse would have no say as to the terms of the divorce as requested by their spouse and what is eventually set down by the family court judge.

Once the judge has made his or her decision, they will issue a divorce decree, which dissolves the marriage.

What Is the Difference Between a Contested and an Uncontested Divorce?

In an uncontested divorce, the couple works out their differences before going to court, often with the help of experienced divorce attorneys. Each spouse should have their own attorney to protect their rights and interests as they negotiate a separation agreement.

For the divorce to be uncontested, the parties must come to an agreement on such issues as:

• Child custody and visitation
• Child support
• Equitable division of marital assets
• Spousal support

In an uncontested divorce, the parties work to draft a separation agreement that a family law judge can approve as the basis for a final divorce decree. To be approved, the separation agreement must be fair to both parties. If underage children are involved, the judge will make decisions based on what is best for them.

At the hearing for an uncontested divorce, each party will state that they accept the contents of their separation agreement. If it is proper and fair, the judge should review and approve a separation agreement.

An uncontested divorce, or collaborative divorce, is faster, simpler, and less expensive than a contested divorce.

A contested divorce occurs when the spouses disagree on how to resolve disputed issues such as payment of spousal support or the division of marital assets and debts. Without a fully formed separation agreement, the divorcing spouses must state their conflicting demands to the judge and present evidence during the hearing to persuade the judge to decide in their favor.

A judge can order a contested divorce to mediation. In mediation, a specially trained, neutral third party facilitates discussions between the divorcing spouses. A mediator does not make decisions for the divorcing parties but may be able to help them find creative solutions to their disagreements. As issues are settled, their decisions can be incorporated into a separation agreement.

How much time mediation may add to the divorce process will depend on the number of issues that must be discussed and resolved and how quickly the parties make progress. If a divorcing couple cannot settle their disagreements, divorce proceedings can continue for more than a year.

Contact a North Carolina Divorce Lawyer

The Jacksonville divorce lawyers of The Law Offices of John Drew Warlick, P.A. will do everything possible to make your divorce move forward as smoothly and efficiently as possible. We will protect your legal rights and financial interests. The compassionate divorce attorneys at our law firm will listen to your goals for a divorce and guide you through the divorce process. Contact us now for a free initial legal consultation about how we can help you.