North Carolina Family Law Firm
There are two methods of obtaining a divorce in the State of North Carolina: (i) by filing for divorce after a one-year period of separation; or (ii) in the case of one spouse’s incurable insanity, the other spouse may file for divorce following a three-year separation period. The one-year separation is by far the more common basis for divorce in this state, and the separation period is required even if both parties are mutually seeking the divorce (i.e., in an “uncontested” divorce). In addition to the one-year separation requirement, there is a six-month residency requirement prior to filing. At least one of the parties must have resided in North Carolina for at least six months, but it need not be the filing party. The residency requirement is not a prerequisite to the one-year separation period, so if the parties were separated prior to one or both spouses residing in North Carolina, the separation period does not reset. After the one-year separation period is up, one or both parties may file for divorce. Upon proper filing, it takes approximately sixty days for the divorce order to be entered. North Carolina is a no-fault state, so a party seeking a divorce need not prove fault on the part of his or her spouse in order to obtain a divorce. The only objection that your spouse can make with respect to the divorce itself is to the one-year separation requirement or the residency requirement.