The year waiting period shows the court that the marriage is irrevocably broken and cannot be reconciled. While the state does consider this separation as one ground of a divorce, it is not the only one. Incurable insanity and imprisonment are some of the other grounds for a divorce.
NC is a no fault state to obtain a divorce but you have to wait a year and a day to file for an absolute divorce. There are no exceptions. It may not hurt to have a separation agreement in place until then though. I suggest you consult with an attorney in your county to see what is best for your specific situation.
Regarding the basic filing requirements with the clerk of court, it generally takes at least 45-90 days to get divorced in North Carolina. After divorce documents are served to your spouse, there is a 30-day waiting period even if your spouse signs the documents right away.
Forms to file for divorce may be obtained from the SelfServe Center, located on the third floor of the Mecklenburg County Courthouse. Yes, your divorce forms are not complete until you fill-in all the blanks requesting information.
North Carolina law states that when one spouse files a divorce complaint, you have 30 days to resolve all issues. Those could be financial matters such as property and debt, and child custody and visitation. If you can't agree on all issues during this 30-day waiting period, divorce laws order mediation.
In general, it takes at least 45-90 days to get divorced. Do I really need to hire an attorney? At least in Mecklenburg County, hiring a lawyer is not essential.
Mecklenburg County To access Criminal files, email Mecklenburg.Criminal@nccourts. To access Civil files, email Mecklenburg.Civil@nccourts. To access Estate Special Proceedings files, email Mecklenburg.ESP@nccourts.
The answer is it depends on the specific circumstances. In many divorce cases, it does not make a difference who files first. If you are considering ending your marriage, you should seek the guidance of an experienced Raleigh divorce attorney.
You can absolutely do a pro se divorce and you don't need any lawyers if you're both reasonable and amicable people. Put whatever you like in writing if you want, but there's no requirement in NC to file any separation or custody agreements.