1 Year Waiting Period

Because this state thinks that maybe you would want to get back with each other and a year should be go enough at least thats what I was told what a waste of time.


If there are no children involved and you do not have alot of assets and debt to divide then yes, the one year waiting period is unecessary, in my opinion. BUT if there are children involved it takes a while for things to get decided and for them to get comfortable with a new situation. If there are a lot of assets and debts to divide that can be a drawn out process and is not always completely finished even at the end of the one year.
I don’t know what the legal reasoning behind the waiting period is but I know the emotional and finacial importance of taking that year to sort through what was your marriage. It’s very seldom that both parties are emotionally or finacially ready to divorce the very day that they separate…there’s always something that does not get settled and even a separation agreement can be revisited many times before both parties are satisfied. Good Luck!

It is because the public policy of this state is to promote the preservation of marriage. The legislature believes that the one year waiting period will promote the preservation of marriage.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

What is the reasoning behind the 1 year waiting period to file for divorce?