Get North Carolina Divorce Laws 1999-2024

In North Carolina, in order to file for an Absolute Divorce you must wait until you and your spouse have been separated for one year and one party must have resided in state for six months prior to the filing of the action.

The divorce hearing is usually scheduled within one-two weeks after the waiting period of 30 days, since the receipt of summons by the defendant has elapsed and either the defendant has returned the papers duly signed or has not made any response to the petition. An uncontested divorce hearing does not take long.

At minimum, you can expect it to take 45 to 90 days from the filing date to get your divorce completed. There may be situations where it takes longer, but 45 to 90 days is the quickest divorce timeline you can expect.

No, you do not need to be legally separated to obtain a North Carolina divorce. ... State law mandates that you and your spouse must actually live separate and apart for at least one year before you are eligible to file for divorce.

The cost for filing an Absolute Divorce in North Carolina is $225.00, which is payable to the Clerk of Court in the county in which you are filing. In addition to this initial filing fee, you may also choose to resume your maiden name, which is an additional $10.00.

A divorce with significant assets or substantial debt will take longer than a divorce with limited assets and debts. While it is possible for a very simple divorce to be finalized within a few months, other divorces can span as long as two years or more.

The cost for filing an Absolute Divorce in North Carolina is $225.00, which is payable to the Clerk of Court in the county in which you are filing. In addition to this initial filing fee, you may also choose to resume your maiden name, which is an additional $10.00.

In North Carolina, absolute divorce signifies nothing more than the termination of the marriage bond that was created by your wedding ceremony and marriage certificate. An absolute divorce in NC may be granted on one of two grounds: one year's separation pursuant and incurable insanity.

To begin the process of getting a divorce in NC, you must file a civil complaint for absolute divorce, which is filed with the district court by the husband or wife, which states that either the husband or the wife have been a resident of NC for 6 months, and that the parties have been separated for one year.

North Carolina Property and Debt This means that the property and debts are divided fairly between the spouses. Depending on the circumstances of the break-up, a 50-50 split is not necessarily considered fair. Your divorce attorney will best advise you.

To begin the process of getting a divorce in NC, you must file a civil complaint for absolute divorce, which is filed with the district court by the husband or wife, which states that either the husband or the wife have been a resident of NC for 6 months, and that the parties have been separated for one year.

From a purely legal standpoint, it doesn't much matter who files NC divorce papers first. Both you and your spouse will have an opportunity to have your case heard, and at first glance, there does not appear to be any significant tactical advantage at trial to being the one that filed first.

Be Certain You Want to Get Divorced. ... Interview Attorneys. ... Gather Financial Documents. ... Determine Your Goals for Custody. ... Make Necessary Purchases or Sales. ... Figure Out Your Living Situation. ... Talk to an Attorney About Joint Bank Accounts and Credit Cards. ... Don't Live Like You're Single.

According to our survey, the average divorce in North Carolina costs $13,100, including $10,300 in attorneys' fees. Attorneys' fees are a significant chunk of the cost of divorce because the average hourly rate for attorneys in North Carolina is $250.

Property Division by the Court If you don't come to an agreement, a judge will decide who gets the house and all of the other marital property. The general rule in North Carolina is that assets should be distributed equitably. This doesn't always mean a 50-50 split.