Your questions about North Carolina divorce answered 


Regardless of the circumstances surrounding your marriage, divorce is never an easy decision. It can take a toll on your emotional, financial, and mental wellbeing, but sometimes, a divorce makes sense because everything couldn’t save the marriage. If you decide on divorce, you need to be practical about the various concerns. For instance, child custody, child support, spousal support, and distribution of assets are some of the important things to discuss with your spouse. For your help, you may want to talk to a Charlotte family law attorney, who can guide on easing the divorce. In this post, we are answering some of common questions related to North Carolina divorce. 

  • Are there residency and other requirements to file for divorce in North Carolina?

Yes. Like other states, NC also has a few basic requirements. Firstly, either of the spouses must have lived in the state for at least six months, and this residency requirement must be met. If the couple (either or both the spouses) seek an absolute divorce, they must have lived separately and apart for at least one year. Note that ‘living separately’ in North Carolina actually refers to two different residences, not two bedrooms in the same house. 

  • What forms must be completed to file for absolute divorce?

If you have hired an attorney, they can offer insight on how to go about with your divorce in North Carolina. There are three important forms that must be submitted – Civil Summons (AOC-CV-100), Domestic Civil Action Cover Sheet (AOC-CV-750), and Complaint for Absolute Divorce. 

  • How long does it take to get divorced in North Carolina?

If you have filed for absolute divorce in North Carolina, you may have to wait for at least a month to get ahead with the process. Once you submit the necessary papers, the local sheriff’s office will serve the documents to your spouse, and they have 30 days to respond. In certain circumstances, additional time can be granted. If you and your spouse can sort issues related to the divorce amicably, the process can be finished considerably sooner. 

In North Carolina, there are two basic grounds of divorce – couple living separately and apart for at least a year, and incurable insanity. There’s also the option of divorce from bed and board, which is not an absolute divorce. Talk to an attorney to know more on how to finalize your divorce sooner.  


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