Divorce timelines can be complicated, and often the answers will vary based on which state and the particulars of the divorce case. Additionally, individuals involved with a divorce case can influence timeframes. Quick responses and filing documents can speed the process along, while long delays and conflicts can slow the process down.
Therefore, many may wonder: how long does an uncontested divorce take in North Carolina? The answer may depend on several factors of each particular divorce, and due to specific North Carolina divorce laws, the process may take longer than most expect.
A skilled North Carolina family lawyer from King Law Offices may be able to provide more specific information on uncontested divorce timelines. Consider scheduling a consultation by calling (888) 748-KING for more details.
Timeline For Uncontested Divorce in North Carolina
Certain aspects of the divorce process may take longer than others, and while the actual divorce filing process can take as little as 60 days, this may not always be the case. Understanding each step of the divorce process in North Carolina may shed light on a more accurate timeline for the process.
One-Year Separation
One of the more unique North Carolina divorce laws is the requirement of a one-year separation for an uncontested divorce. While divorce from bed and board, another more unique North Carolina statute, can be acquired on the grounds of marital misconduct, an uncontested divorce requires at least one year of separation between spouses according to N.C. Gen. Stat. § 50-6. This means both spouses are living separately, and does not include living in separate rooms in the same house.
While many other states may require a separation agreement, North Carolina does not. When spouses are living physically separate and at least one spouse intends the separation to be permanent, they are considered legally separated.
Service of Divorce Papers
Once the yearlong separation period is complete, the separated couple may begin filing divorce papers. This will begin with a complaint of divorce to the Clerk of Court, which can be filed by either the spouse in question or their family lawyer. This will initiate the process, and allow the other spouse to be served with divorce papers, beginning the 30-day window in which the spouse has a chance to respond.
During this period, both spouses must agree on matters such as how to divide personal property and real estate, the division of debts, child custody and support, as well as alimony. For a divorce to be an uncontested divorce, both spouses must come to a mutual agreement on all relevant issues.
Scheduling a Hearing
Once the respondent files their response to the serviced divorce papers, the petitioner now has the opportunity to schedule a hearing in family court. The date of the court hearing may vary depending on the availability of the courts. Often, the court will attempt to schedule hearings within six to eight weeks after the initial filing, though this can fluctuate.
For more information regarding scheduling family court hearings, consider speaking with a skilled family lawyer from King Law Offices.
Approval of Divorce Decree
Once this process is complete, the judge presiding over the case may grant a divorce decree, which finalizes the divorce and allows both parties to legally remarry. The process as a whole can move as quickly as one year and 30 days, though this is unlikely as unexpected complications and scheduling conflicts may lead to longer delays.
Absolute Divorce on the Grounds of Incurable Insanity
However, while the above process is often the most common answer to the question of how long does an uncontested divorce takes, there are two grounds for no-fault divorce in North Carolina. While the first is a year-long separation, as previously stated, the second is the incurable insanity of either spouse.
If a spouse suffers from an incurable mental ailment that has led to the spouses living apart, a no-fault divorce may be initiated after a separation period of three years. Divorcing a spouse on the grounds of incurable insanity may have unique effects on issues such as child custody and parenting time.
Requirements for Uncontested Divorce
While a family lawyer may be able to assist with an uncontested divorce in North Carolina, certain criteria must first be met to allow for absolute divorce under the law. These requirements may restrict the kind of divorce available to a divorcing couple and may influence aspects of the case.
Grounds for Divorce
North Carolina has two grounds for no-fault divorces, one-year separation and incurable insanity of the other spouse. These two grounds allow for absolute divorce approved by the courts of North Carolina. However, in the case of marital conduct or abusive living situations, some may need to pursue a divorce from bed and board. According to the North Carolina Judicial Branch, divorce from bed and board is not technically a divorce, but a court-ordered separation to protect the well-being of a spouse.
Residency Requirements
In addition to qualifying for uncontested divorce under the North Carolina divorce grounds, an individual must also have lived at least six consecutive months in the state of North Carolina. Only North Carolina residents are allowed to pursue a divorce in North Carolina, however, only one spouse must be a resident to pursue.
Separation Agreement
While couples may divorce without a separation agreement, this would require going to court and litigating the divorce. Therefore, to qualify for an uncontested divorce in North Carolina, the spouses in question must have settled on a separation agreement and made plans for the division of assets, child custody, alimony, and other issues that may be divisive. Having a complete separation agreement proves to the court that both spouses are willing to come to an agreement and do not need the intervention of the judicial branch to make decisions on their behalf.
Contact a North Carolina Family Lawyer Today
How long does an uncontested divorce take? Divorce can be a long and sometimes frustrating process, even when it is an uncontested divorce. Complying with the requirements of North Carolina may add additional complications, and understanding the relevant timelines and opportunities can be difficult. A skilled family lawyer from King Law Offices may be able to help guide you through the divorce process and assist with any legal issues that may arise. Schedule an initial consultation today by calling (888) 748-KING for more information.