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How Long Does A Divorce Take In North Carolina?

| Dec 17, 2019 | Divorce, Divorce & Separation

If you and your spouse have decided to pursue the dissolution of your marriage, it is essential to understand that divorce in North Carolina is a process and not an event that resolves quickly.  Each divorce is unique, and it can be challenging to predict just how long a divorce will take for a specific couple. An experienced Raleigh divorce attorney could walk you through every step of the divorce process, ensuring that your interests are represented and working to get you the outcome you desire when it comes to spousal support, child custody, and equitable distribution.

North Carolina’s Separation Period Requirement for Divorce

As discussed in North Carolina General Statutes § 50-6, couples wishing to file for divorce in North Carolina will need to be physically separated for at least one year and one day. This means they must be living apart, and at least one spouse has the intention of being permanently apart during that time period. It is imperative for couples to realize that North Carolina does not grant any exceptions to this rule, and the court will look to see if each spouse was living at a separate residence during this time.

Factors in Divorce Duration

Since no two divorces are the same, there is no blanket answer to the question of how long will your divorce take. After the official separation period, one spouse can file for an official divorce decree. Factors such as property division, alimony, child support, and child custody can all increase the time it takes to get your divorce finalized.

The type of divorce you are seeking can also influence how long it takes to finalize your divorce. For example, an uncontested divorce will generally take less time than a contested divorce, and military divorces may take longer due to specific rights that service members and their spouses may have under federal law.

Even if you are in a rush to have your divorce finalized, be especially careful in your decisions regarding property distribution. Once your divorce is finalized, these issues are barred from being brought up again in future divorce proceedings.

As a general rule, a simple divorce can take about 45-90 days to finalize after it has been filed with the courts. Divorces in which spouses cannot agree on issues such as child support or child custody will naturally take longer. You will want to discuss all of these issues at length with your divorce lawyer in Raleigh to ensure you are not holding up the divorce process yet still getting what you want in your divorce.

Schedule a Consultation with a Compassionate Raleigh Divorce Lawyer

If you are ready to move forward with a divorce, contact our team today at Daphne Edwards Divorce & Family Law by calling 919-891-8552 or using our online contact form. During your consultation, we can discuss your goals and expectations for your divorce, including any concerns you have with the potential duration of your divorce proceedings.