I’ve been trying to handle this divorce myself because neither my spouse nor I has much disposable finances. I think I have a good grasp on the general idea, but I’m trying to figure out the quickest way to do the actual filing part. We have a separation agreement in place and no children. Once I file the complaint with the court, she’s willing to sign an Affidavit of Consent, will that enable the hearing to be scheduled quickly or even possibly allow the judgment to be issued without a hearing? The primary reason for our divorce is her instability due to mental health issues. It’s already been excruciating worrying about what she’d do during this year of separation, the idea of taking another 30 days waiting for a time out period and then who knows how long to schedule a hearing sounds horrific.
What’s the fastest period of time possible from filing the complaint to judgment?
Divorce in NC has nothing to do with consent, it will be granted upon application of either party based on one year’s separation.
If you wish to speed up the process your ex may file a Waiver of Time to Answer which will eliminate the 30 day period you would normally wait for the other party to respond.
You may then file a motion for summary judgment, and the hearing can be scheduled 10 days thereafter,
Thank you, that’s more or less what I was trying to figure out. I couldn’t find any online forms labeled Waiver of Time to Answer on your divorce forms page , but on another place I found one marked Affidavit of Consent that seemed to be similar to what I’d expect the waiver to say. Is there a specific format the Waiver of Time to Answer and the Motion for Summary judgment need to take that can be found in template form?
The document can be in template form, so long as your spouse is signs a document which includes the case caption (file number, party names, state, county and court) which states that she is voluntarily waiving time to answer the complaint.