In North Carolina, you must live separate and apart, with one of you having the intention that it remain permanent, for one year before filing for a divorce. If you are approaching your one-year date of separation, here are some things to think about:
- You must be a resident of the State of North Carolina for at least six (6) months.
- You must assert under oath that you have lived separate and apart for one year prior to filing for a divorce.
- You should know the current address of your spouse.
- If you want to revert back to your maiden name, we need to know your maiden name.
- If you have children, we need their names and their dates of birth.
- We need to know both of your social security numbers.
- We need to know the date of marriage, the date of separation and where you were married.
- We need to know your full legal name and your spouse's full legal name.
- If you have a Separation Agreement, we need to know whether you want that agreement incorporated into the Judgment for Absolute Divorce. The agreement will become public. corporated into the Judgment for Absolute Divorce.
When an Absolute Divorce is granted, you should know that any claim, either yours or your spouse's, for equitable distribution (a division of your assets and debts) and alimony are barred. If you are served with a Summons and Complaint for Absolute Divorce and fail to answer within thirty days, you may lose your right to an equitable distribution (a division of your assets and debts) and alimony. If you are served with a Summons and Complaint, immediately schedule a consultation with one of our experienced and highly reviewed family law attorneys.
If both parties cooperate, an Uncontested or Absolute Divorce can usually be accomplished within fourteen (14) business days from our initial meeting and neither party would need to appear in court. Otherwise, it typically takes 45-60 days and a court appearance may be required by your attorney. Very rarely will you need to attend court for a divorce. The Clerk of Court filing fee is currently $225, in addition our service fee, either via certified mail or through the sheriff, and motion fee is $50. The total cost is $1,800. If you have any questions or unusual circumstances, please feel free to call our office to discuss.
