What Is the Fastest Divorce in North Carolina?
When a marriage comes to an end, many people want to move on as quickly and cleanly as possible. Whether it’s due to emotional exhaustion, new beginnings, or the need to settle property and custody matters, speed often becomes a top priority. So, how fast can you actually get a divorce in North Carolina? The short answer is: not as fast as you may hope.
North Carolina requires at least one year of separation before a divorce can be finalized. While there’s no actual “fast-track” divorce in this state, understanding the process—and avoiding unnecessary delays—can help you obtain the fastest possible outcome.
The One-Year Separation Requirement
North Carolina is a “no-fault” divorce state, which means you do not need to demonstrate marital misconduct to obtain a divorce. However, the law does require that you and your spouse live separately and apart for at least 12 consecutive months before filing for an absolute divorce.
This entails residing in separate households—not merely in separate bedrooms—and at least one partner must intend for the separation to be permanent. Any reconciliation, even if brief, may reset the separation clock.
If you’re wondering how to speed up the process, unfortunately, there’s no legal way around this waiting period. Planning and documenting the separation start date can help ensure that you’re ready to file as soon as you’re eligible.
Steps To Speed Up the Process After the Separation Period
Once the one-year separation is complete, the actual divorce process can be relatively quick if it’s uncontested. Here’s how to keep things moving efficiently:
- File the Complaint for Divorce: You (or your attorney) must file a divorce complaint with the Clerk of Court in the appropriate county. You must also serve the complaint on your spouse, typically via certified mail or sheriff’s service.
- Wait for the Response Period: After your spouse is served, they have 30 days to file a response. If they do not contest the divorce, you can proceed to schedule a hearing after this window closes.
- Request a Hearing Date: If there are no issues in dispute (such as child custody, alimony, or property division), the court may schedule a hearing shortly after the response period has expired. In some counties, this could be within a few weeks.
- Attend the Hearing: In most cases, only the filing party needs to appear. If everything is in order, the judge will grant the divorce during this brief hearing, and you will receive your divorce decree shortly thereafter.
If it goes uncontested and is well-prepared, a North Carolina divorce can be finalized within 45 to 60 days after filing, once the separation period has elapsed.
Be Cautious About Other Legal Issues
While the absolute divorce itself can move quickly after separation, other legal matters may take longer and require separate filings:
- Property division (Equitable Distribution)
- Spousal support (Alimony)
- Child custody and support
If these are not resolved before the divorce is granted, you could lose the right to address them in court later. To preserve your rights, it’s wise to file claims for these issues before or at the same time as your divorce complaint.
How an Attorney Can Help You Move Faster
Handling the legal system on your own can result in delays, especially if paperwork is incomplete or deadlines are missed. A skilled family law attorney can help ensure your documents are filed correctly, your rights are safeguarded, and your divorce progresses as smoothly as possible.
At Stephen E. Robertson Law Office, we help clients throughout North Carolina move forward with confidence. If you’re seeking the fastest divorce possible under state law, we’re here to guide you through every step.
Contact us Today
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