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Video instructions and help with filling out and completing How long does an absolute divorce take in nc

Instructions and Help about How long does an absolute divorce take in nc

I'm often asked what the process is to get a divorce in North Carolina the process itself is relatively easy first to get a divorce you and your spouse have to have been separated for at least one year in addition you will need to show the court that at the time that you separated it was the intention of at least one of you that separation would be permanent it's important to note that in North Carolina being legally separated means that you and your spouse have looked physically apart that is in different residences this requirement is not met if you and your spouse are still sharing a home but are sleeping in different bedrooms the process begins with the filing of a complaint for absolute divorce at the courthouse next you will need to serve your spouse with the complaint after they've had 30 days to respond you can then schedule your divorce for a hearing in front of a judge on the date of your hearing your spouse the defendant is not required to be there although they can be there if they wish to do so only you or your attorney will need to be present it is not always necessary for you to personally appear in court in order to have your divorce finalized in certain circumstances your attorney can appear on your behalf instead barring unforeseen circumstances the process typically takes between 45 and 60 days from the date the divorce complaint was filed until the date the judgment for divorce is entered by the court however please be aware that this process can take longer in the event that you are unaware of where your spouse is living they had moved and you haven't received their new address or in those circumstances where you may choose not to go to court and have your attorney appear on your behalf instead there are a few pitfalls you should watch out for as well the issues of that equitable distribution of your marital property and of receiving alimony or spousal support are waived if they are not resolved prior to the entry of a judgment of divorce it's also important to note that a divorce only dissolves the marriage it does not resolve any of the other issues that arise out of your marriage such as child support child custody equitable distribution or spousal support or now money.

FAQ

Why does NC make you wait a year to divorce?
Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.
Can you speed up a divorce in NC?
At least one spouse must have lived in North Carolina for six months before filing. The party who has been served with divorce papers in North Carolina has 30 days to file a response. An additional 30 days can be granted if the spouse files the proper request.
Do you have to go to court for an absolute divorce in NC?
A party requesting an absolute divorce must only show the court that. (1) at least one of the spouses resides in North Carolina for a period of six months prior to filing the divorce complaint; (2) that the parties have been separated and living apart for at least one year prior to filing a complaint for divorce; and ( ...
What does an absolute divorce mean in North Carolina?
You are eligible to file for divorce, also called an absolute divorce, only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.
How long does a divorce take to finalize in North Carolina?
How long does a divorce take in NC? Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced.
How much does it cost to get an absolute divorce in NC?
Filing an Absolute Divorce - $225. Service fees - $30. Serving defendant via mail - $7.
How long does it take to get a divorce if both parties agree in NC?
Waiting period refers to the time period between the commencement of the divorce proceedings (or filing of divorce papers in court) and the court decree granting the final divorce. This waiting period in North Carolina divorce is a minimum 30 days for a simple uncontested divorce.
Does NC require separation before divorce?
How do we get divorced? One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent. When those two requirements have been met, either party may file for an absolute divorce.
How long does it take for absolute divorce in NC?
The entire process usually takes 90 days. Immediate filing for divorce is not a requirement in North Carolina, and you may want to remain married while being separated due to beneficial reasons such as social security and health insurance.
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