Notice Of Service Of Discovery In Divorce In North Carolina
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In all divorces, North Carolina clearly mandates that one spouse must leave the marital home. This is because in order to become eligible for a divorce in the first place, both spouses must live apart for a period of one year.
While the state of North Carolina doesn't require legal separation before filing for divorce, it does require couples be separated for one year and one day before being granted an absolute divorce (complete end of the marriage.) The clock starts the date one spouse moves out of the shared home.
What Not to Do During Separation in NC? Don't Move Out Without a Separation Agreement. Don't Hide or Misuse Marital Assets. Avoid Making Big Life Changes. Don't Badmouth Your Spouse. Make Informed Decisions During Separation.
The absolute fastest way is with a 50--10(e) divorce by clerk (if your county's courthouse does them) combined with your spouse signing a couple waivers that reduce the 30-day window they would otherwise have to file counterclaims.
It waives the 30-day response time and allows the divorce to proceed immediately. Both parties may agree to a 30-day waiver when they approve of the settlement terms and are prepared to move forward with their divorce. There are many issues that you must resolve as part of an absolute divorce in North Carolina.
– Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
Both spouses can only remove the other from the marital home with a court order. So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence.
The law actually calls for an equal division of a couple's property unless the judge finds that wouldn't be fair. (N.C. Gen. Stat. § 50-20(c) (2024).)
