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In North Carolina, an absolute divorce may be granted on one of two grounds: one year's separation pursuant and incurable insanity. Obtaining a divorce based on incurable insanity requires a minimum 3-year separation and also requires that evidence be given by specified experts as to the spouse's insanity.
Once your spouse has been served, you must wait 30 days before requesting the court hear your case. Generally, your case will be heard within 30 days of your request for a hearing. The divorce judgment will be signed at the hearing. The entire process usually takes 90 days.
North Carolina courts have the power to force a spouse out of the marital residence if the other can prove a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.
How do I file for divorce? A complaint, stating the facts of your case and your request for a divorce. ... A summons. A Domestic Civil Action Cover Sheet. An affidavit pursuant to the Servicemembers Civil Relief Act (SCRA), telling the court whether or not your spouse is in the military. ... You must pay the court filing fee.
To divorce in North Carolina, a couple must live physically apart for a year. After a year has passed, the work necessary to conclude an uncontested divorce, including obtaining a judge's divorce decree, can be completed in less than 60 days. North Carolina is a no-fault divorce state.