In North Carolina, the divorce process typically takes longer than in many other states. To qualify for an absolute divorce, spouses must live apart for at least one year before filing. As a result, it’s not possible to obtain a quick divorce simply by traveling to North Carolina.
Below, we look at the steps in getting a divorce, including how to draft a complaint and where to file it. What comes after filing will depend on the facts of your case. We encourage anyone considering divorce to reach out to Remington & Dixon to speak with a Charlotte divorce lawyer at our office.
How to File for Divorce in NC
Here are the steps involved.
1. Live Apart for a Year
North Carolina requires that a couple live separately in different residences for a full year before they can get an absolute divorce. You cannot simply head into court while still living with your spouse. Instead, you must maintain separate households, and one of you must have the intent to divorce.
If you get back together and live together again, even briefly, then you will likely have to start the 12 months all over. That means you should give considerable thought as to whether you are past the point of reconciliation.
You might seek “divorce from bed and board,” which is technically a legal separation and not really a divorce. We do not discuss divorce from bed and board in this article.
2. Identify Whether You Have Lived in North Carolina Long Enough
One spouse must have lived in North Carolina for at least six months before the divorce was filed. If you do not meet this requirement, then North Carolina courts do not have the authority to grant your divorce.
3. Draft a Complaint for Divorce
- This is the legal document you file in court asking a judge to grant a divorce. You will need to include basic information about yourself and your marriage:
- Date of marriage
- Your name and your spouse’s name
- The names of any children, including their birth dates
You will need to verify the complaint before a notary public.
4. File Your Complaint in the Correct Court
You will need to file in the county where you reside. If you do not live in North Carolina, then choose the county where your spouse lives.
You will need to pay a filing fee, so call ahead to ask how much and what acceptable methods of payment are.
5. Serve Pleadings on Your Spouse
The spouse who does not file for divorce gets a chance to answer. For that reason, the spouse who files must arrange to have a copy of the complaint and the civil summons served on the defendant.
The most common method of service is personal service using the Sheriff’s Office. They will hand the documents to your spouse and verify service was made.
Alternatively, your spouse can accept service by signing the correct form. Regardless of the method used, your spouse must receive proper notice; otherwise, a judge will not go ahead and grant a divorce.
6. Receive Your Spouse’s Answer
The spouse who does not file has 30 days to answer the complaint and summons. The defendant will then file the answer and serve a copy on you. However, some spouses do not file anything. Instead, they show up at the court hearing.
Next Steps in Getting a Divorce
What happens next depends on how your spouse answers the complaint. For example, if there are no disagreements, you can file a motion for summary judgment and then appear in court to speak with a judge.
However, if you have disagreements over certain divorce-related issues, then you have a contested divorce that requires further court action even after your divorce judgment is entered. Some contested issues include child custody, alimony, and the division of marital property.
A case that includes these other legal issues can take more than a year to complete because extensive preparation is required. You will engage in discovery, where each side requests information from the other. A contested child custody case might require a detailed home study and psychological testing.
You have not been divorced until you receive a judgment from the court, so you cannot remarry.
Do You Need a Lawyer for a North Carolina Divorce?
No law states you must hire a lawyer to handle your divorce. But we can smooth out the process. We are also a great benefit in negotiating a divorce so that you can speed it up and get your legal issues resolved faster.
A lawyer is strongly recommended in a contested divorce because the stakes are so high. If you lose custody at a hearing, then it is hard to get a higher court to overturn that judgment on appeal. You also cannot immediately seek to modify custody.
Hire a lawyer with deep experience in North Carolina divorce. We know what evidence judges find persuasive when deciding custody or related issues, and we can make a compelling argument on your behalf.
Schedule a Consultation Today
Anyone considering a divorce should contact Remington & Dixon, PLLC. Our firm has handled simple and complex divorces in the 28207 zip code and the surrounding areas of Mecklenburg, Cabarrus, and Union County. We excel at negotiating but can also litigate a contested divorce all the way to a trial. Schedule your consultation by calling us at 704-247-7110 or reaching out online to have our office contact you.
