Person in jeans holding a divorce decree and suitcase, with distressed woman and child in background.

What Happens After Filing for Divorce in NC?

Getting divorced often makes people feel a little lost. Many people don’t know what to expect after they file their papers or how long the process may take. Every case is different, but understanding the basic steps can help you know what to expect. A North Carolina divorce lawyer can explain the process to you and help you avoid mistakes that could affect your future.

Most North Carolina divorces are granted on the basis of a one-year separation. That means spouses generally have to live apart for at least a year before a divorce can be finalized. There are a few important steps that usually follow when the divorce papers are filed.

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Filing the Divorce Complaint

Divorce begins when one spouse files a Complaint for Absolute Divorce with the court. The filing spouse is the plaintiff, and the other spouse is the defendant.

In many cases, the divorce is filed in the county where either spouse lives, provided North Carolina residency requirements are met. The other spouse must be served with the papers after they are filed. Service may be made by certified mail, sheriff’s service, or other acceptable method.

The other spouse is usually served with the complaint and has time to respond.

Waiting for a Response

Once the defendant is served with the divorce papers, he or she typically has 30 days to respond to the court. In some instances, the court may grant additional time.

If the defendant does not respond, the case may still proceed as an uncontested divorce. This doesn’t necessarily stop the divorce process.

At this point, some couples begin negotiating important issues such as property division, child custody, child support, or spousal support. Others may have arrangements in place prior to filing for divorce.

Issues That May Need To Be Resolved

Divorces can be simple, but sometimes disputes take much longer to resolve. Even after you file for divorce, you may have to go back and deal with some legal issues separately.

These issues might be:

  • Child custody and visitation
  • Child support 
  • Alimony or spousal support
  • Division of property and debts
  • Retirement accounts 
  • Ownership of marital home

In North Carolina, property division is known as equitable distribution. That doesn’t always mean everything is split down the middle, 50/50. The court attempts to distribute the marital property equitably under the circumstances.

Court Hearings and Temporary Orders

Sometimes one spouse needs some temporary court orders while the divorce is pending. Temporary orders can concern child support, use of the home, custody schedules, or financial responsibilities, for example.

Not all cases require multiple hearings. Some divorce cases are settled by negotiation or mediation. Others may require the court to decide disputed issues between the spouses.

The more disputes there are, the longer the process can take.

Finalizing the Divorce

If the legal requirements are met, the court may enter a Judgment of Absolute Divorce. In many uncontested cases, the final hearing is fairly brief.

Once the judge signs the divorce judgment, the marriage is legally ended. There are usually some issues to be worked out before a divorce is final. For example, claims for equitable distribution or alimony may be required to be properly preserved prior to the entry of the divorce judgment.

This is one reason why legal advice can be helpful in the process.

How Long Does Divorce Take in North Carolina?

Two individuals sit across a wooden table from a person holding a pen and a legal document, with a judge's gavel placed on the table.

This depends on the facts of the case. Even in the most straightforward divorces, the one-year separation requirement generally dictates the speed with which the divorce can be finalized.

Uncontested divorces are sometimes completed within a few months of filing when all the paperwork is properly completed, and there are no major contested issues. Custody, property, or support cases that are contested can take much longer.

A North Carolina divorce lawyer can help explain what timeline may apply to your particular situation.

Speak With a North Carolina Divorce Lawyer

Divorce can impact your money, your family, and your future. Understanding what is involved may help to ease some of the uncertainty and anxiety that often accompany the end of a marriage.

If you are considering divorce or have begun the process, a North Carolina divorce lawyer with Law Office of Stephen E. Robertson, PLLC may be able to help you understand your legal options. Call (336) 370-6760 or reach out online to schedule a private consultation.