How To Get a Divorce in North Carolina Without Waiting a Year?
When you and your spouse mutually decide to separate and start the divorce process, you likely want to resolve all outstanding issues swiftly. However, the divorce journey can often be overwhelming and raise several important questions, including how long it will take. In the blog post below, we will review these timelines in greater detail and also explore whether it is possible to get a divorce in North Carolina without waiting a year.
One-Year Separation Requirement
In North Carolina, couples going through a divorce must adhere to a one-year separation period, even if their case is considered “uncontested.” This regulation necessitates that the spouses physically live apart for an entire year, with at least one spouse expressing a desire to end the marriage before being able to initiate the divorce. Furthermore, there is no legal means to bypass or reduce this waiting time. The purpose of the one-year separation is to provide both partners with an opportunity to reflect on their marriage and feelings for one another. This “cooling-off” period can help individuals reassess their desires regarding divorce and consider the implications of such a significant life change.
During this time, couples are highly encouraged to create a separation agreement detailing the terms of their separation. A separation agreement usually covers key matters such as the division of marital assets, alimony payments, and child custody and support arrangements. By negotiating these terms during the separation, couples can strive for a resolution that reduces conflict and ensures a smoother transition if they choose to proceed with the divorce.
Residing in the Same Home During the Separation
According to North Carolina’s laws, residing in the same house but in different bedrooms does not meet the legal definition of separation. For the separation to be valid, spouses must avoid living together as a married couple. Moreover, if the couple decides to live together again at any point during the one year, it resets the timeline, necessitating a full year of separation before they can file for divorce.
Do You Have To Prove Fault To Obtain a Divorce?
North Carolina has a “no-fault” divorce system, which allows couples to file for divorce without proving that one party was at fault. Instead, both partners need to agree that their marriage is beyond repair, enabling them to proceed with the divorce without laying blame.
Can You Speed Up the Divorce Process?
When one spouse receives a divorce complaint, they must respond within 30 days. This complaint outlines the reasons for the divorce and any specific requests regarding assets, custody, and support. If the defendant spouse chooses to file an answer, which is a formal document indicating whether they agree or disagree with the claims and requests made in the complaint, this can significantly streamline the divorce proceedings. Filing an answer not only allows the defendant spouse to present their side of the case but also signals their intention to participate in the legal process. Once the answer is filed, the plaintiff spouse—who is the one who initiated the divorce—no longer has to wait for the entire 30-day period to elapse. Instead, they can proceed to schedule a court date more promptly. This early response can lead to a faster resolution of the case, as both parties can begin to address any disputes and work toward finalizing the divorce agreement sooner.
To Learn More About the Divorce Process, Contact Stephen E. Robertson Law Office Today
If you are considering filing for divorce in North Carolina and want to learn more about the process and specific timelines, contact Stephen E. Robertson Law Office today.