Many spouses are eager to get divorced so they can hit the dating pool or possibly even plan another trip down the aisle. However, North Carolina has a divorce process that does not make speed a priority.
At Remington & Dixon, we receive many questions about family law, including questions such as “How long does a divorce take in NC?” In most situations, our clients can expect the process to take at least a year. Attorney Jennifer Dixon is available to meet in a private consultation with any person who is thinking about ending their marriage. As an experienced Charlotte, North Carolina divorce lawyer, she can guide her clients through the process and ensure their rights are protected.
The Divorce Process in NC
To end a marriage, couples will need to seek an absolute divorce in North Carolina. The most common way to get this is to live separately and apart for at least a year.
That means one spouse will move out of the home and set up residence somewhere else. If a couple remains in the same home, then they are not living separately and apart according to state law.
Furthermore, at least one spouse must have intended the separation to be permanent. That means a trial separation is not enough.
Some of our clients have already been living apart when they reach out to us. That means they might not have to wait too long to file.
Here is an overview of the steps in the divorce process:
- Separate from your spouse and live apart. This must be for at least one year.
- File a complaint for divorce. This document will state the facts of your case and request a divorce. You will file it in the county court.
- Serve a copy on your spouse and wait for a response. Your spouse gets to respond to the allegations in your complaint. Serve a copy of the complaint and the summons.
- Attend mediation. A judge might send you to mediation to see if you can resolve any disputes regarding other claims filed for child custody, alimony, or other issues. Mediation is often helpful for getting squabbling spouses to find common ground. It can take months to get scheduled and complete, though.
- Prepare for your trial. If any contested issues remain, you will present evidence to a judge at a trial. The preparation can take months. For example, if you are fighting over custody, then each parent might need to undergo an evaluation if there are parental fitness concerns, and your lawyer will need to prepare witnesses and exhibits.
As you can see, some divorce-related issues such as child custody, alimony, or division of marital property, might take two years or more, even if your divorce judgment can be issued sooner. When spouses cannot agree on anything, divorce-related issues take a long time.
How Long is the Divorce Process?
At a minimum, the absolute divorce process takes at least a year. Some might even need to wait longer to resolve other legal claims. For example, North Carolina also has a residency requirement. At least one spouse must have lived in the state for at least six months before the divorce is filed.
If you and your spouse just moved to North Carolina, then you might need to wait before you can legally file, even if you have lived separate and apart for at least one year. Or else you might need to return home, if you can, to file for divorce there.
Call our office to schedule a consultation. We can provide more targeted advice about your divorce timeline once we ask a few questions and learn more about your situation.
How to Speed Up a Divorce in North Carolina
There is no easy way to make a divorce go faster. One strategy is to try and find common ground on child custody, property division, and spousal support (alimony). If you can reach an agreement, then a trial is unnecessary, and you can typically get your legal matters resolved faster.
However, agreement is not always possible or desirable. You might seriously question the safety of your children with your spouse. Suppose your husband is an alcoholic and has been abusive. There is no reason to quickly agree to shared custody in that situation just to get your divorce over and done.
A good step is to hire a seasoned divorce lawyer. Anyone attempting to handle their divorce can make mistakes, which can slow everything down. You might even have to start over. For example, you might be living apart from your spouse for six months, then you attempt to get back together for a couple months. This time together could restart the clock, delaying your divorce.
Is a Fault-Based Divorce Faster?
No. North Carolina doesn’t have fault-based divorces. Instead, we have something called “divorce from bed and board.” As the state courts explain, this is not divorce. Instead, you are simply getting a court-ordered separation for certain reasons.
What’s more, you are not speeding up the divorce process. Even if you receive a “divorce from bed and board” order, you will still need to wait a year of physical separation before seeking absolute divorce. There is no way around this requirement.
Contact Our Office Today
It is not too soon to reach out and schedule a private meeting with a divorce lawyer at Remington & Dixon, PLLC. We can answer questions in a private setting and begin the paperwork if you choose to hire us to start the process. Contact us today to schedule a consultation!
