How To Speed Up a Divorce in North Carolina
Divorce is never easy. But for many people, dragging it out only makes things worse. Whether you want to move on quickly, protect your assets, or reduce stress for your kids, it’s natural to want things resolved. The good news? While you can’t skip North Carolina’s legal waiting period, there are smart ways to speed up the process.
What Is the One-Year Separation Requirement?
According to North Carolina laws, you must live separate and apart for one full year before filing for an absolute divorce. That’s the law. No matter how amicable your split, this requirement cannot be waived or shortened.
“Separate and apart” means living in separate residences, not just different rooms. And the clock starts ticking only once both spouses stop cohabiting. However, while you wait, you can still address key legal matters through a separation agreement.
Settle Issues Before You File
One of the fastest ways to move through divorce is to resolve your issues before filing. This includes:
- Division of property and debts
- Alimony or spousal support
- Child custody and visitation
- Child support
You can do this through a separation agreement, which is a legally binding contract. If everything is already settled, your divorce becomes “uncontested,” and the court process is usually much quicker.
Unresolved issues can lead to a contested divorce, which may involve court hearings, discovery, and delays.
File Promptly After One Year
Once you’ve met the one-year separation requirement, don’t wait. File right away. Delaying after that point only drags things out.
In addition, make sure all your paperwork is complete and accurate. Even small mistakes can lead to delays or rejection by the court. Working with an experienced divorce attorney can help you avoid those setbacks and ensure everything is submitted correctly the first time.
Serve the Other Party Quickly
After filing, you must serve divorce papers to your spouse using one of the approved methods. The faster you serve your spouse, the sooner your case can proceed.
Your spouse then has 30 days to respond. If they do not contest the divorce or fail to respond, you can request a hearing and potentially finalize the divorce within weeks.
Choose an Uncontested Divorce When Possible
Uncontested divorces are much faster than contested ones. They also tend to be cheaper and less stressful. To qualify, both spouses must agree on all terms.
If your spouse agrees to the divorce and you’ve already resolved financial or custody issues through a separation agreement, you may be eligible for an uncontested divorce. This allows you to avoid a trial and simply submit the agreement and necessary documents to the court for approval.
Use Mediation to Avoid Court
If you can’t reach an agreement on your own, mediation can help. It’s faster and more private than litigation, and it gives both spouses more control over the outcome.
In North Carolina, some counties require mediation for disputes involving custody or property division. Even if it’s not required, choosing to mediate early in the process can save a significant amount of time.
How Can Working with an Experienced Divorce Attorney Help?
Trying to take on the divorce process alone can lead to delays, especially if legal documents are incomplete or improperly filed. When you work with an experienced divorce attorney, these legal professionals can help you:
- Avoid mistakes in paperwork
- Prepare strong agreements
- Ensure proper service and timing
- Represent you in court, if needed
Contact Our Legal Team Today
You can’t skip the required one-year separation, but you can control what happens during and after that time. The key to speeding up your divorce in North Carolina is preparation, cooperation, and sound legal advice.
At Stephen E. Robertson Law Office, we guide clients through divorce with clarity and compassion. If you’re ready to move forward, contact us today to start the process the right way.