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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.