Filing for an Absolute Divorce in North Carolina
In North Carolina, to be eligible for an Absolute Divorce, you and your spouse must be separated for at least one (1) year. “Separated” means that you are not residing with your spouse and that at least one of the spouses has the intent to end the marital relationship. Sleeping in separate bedrooms does not count as a separation under North Carolina law, which is a common question that attorneys receive during a Divorce. You need separate residences with “separate roofs.” The Divorce proceeding commences when one party files a Complaint for Divorce.
Once the Complaint is filed, the opposing party must be properly served with the Complaint. Proper service is extremely important, and this step is often missed by parties representing themselves in a Divorce proceeding. Proper service is usually completed by certified mail or by Sheriff. Be aware that once a Judgment of Divorce is entered, certain legal claims will be waived – meaning you can no longer request those forms of relief from the Court. These legal claims could include Postseparation Support, Alimony, and Equitable Distribution. It is best to speak with an attorney and make sure those aspects of your divorce case are handled well before filing for Divorce so you do not waive any legal rights you may have.
After properly serving opposing party, a party must wait the statutory required 30 days to allow the opposing party time to respond. If he or she does not respond to the Complaint, a Motion for Summary Judgment and Notice of Hearing can be filed with the Court. At that time, the Court will provide a date in which your Judgment of Divorce will be signed. Divorces in Mecklenburg County specifically typically do not have “live hearings” meaning you do not have to show up or testify about the Divorce. Rather, you submit the proposed Divorce Judgment prior to the date on the Notice of Hearing.
Generally, a Divorce proceeding can take approximately 3-4 months to complete the entire process as compared to other aspects of a family law matter. However, it is highly advisable to have an attorney walk you through the process to make sure you are prepared, the proper procedure is followed, and all deadlines are met.
If you or somebody you know is navigating an Absolute Divorce, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Megan S. White
