Divorce Court

If you are going to Court to obtain the divorce itself, it is fairly simple and the one who filed for the divorce needs to be there. Both parties need not appear as it only takes one to get a divorce. The judge asks the date of separation and then asks if you intended to and have lived separate and apart. Once a year and a day has elapsed, either party can file for the divorce. That’s all a “divorce court” is. A couple of questions and the divorce is granted. Good luck.

Oh. They call case number and then “Brown vs. Brown”. Depends on how many people are getting divorced that day as to how long you will have to sit there. Schedule most everything for 9:00 a.m.

If your court date is simply for entry of the divorce, meaning neither of you filed for alimony or property distribution the process should be quick and simple. The judge will call your case by name and ask you a few simple questions regarding when you were married and when you were separated. He or she will then enter the divorce judgment if he/she finds that you agree with the allegations contained in the Complaint, namely the date of marriage and date of separation. The process take only a few minutes, depending on how many divorces are scheduled in the morning will determine your wait time. It should be completed well before lunch.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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Hi all~

I have divorce court tomorrrow at 9 am and I’m just kinda wondering what to expect. I left my husband in October 2007 and he was served his papers by the Sheriff in Novemember, he said he’s not going to court and the clerk of court said he doesn’t have to, just me.

What will happen in court? What does the judge ask? How long does it take kinda thing?

We have no kids and nothing to separate so it should be pretty simple.

Also, do they call you by file number or last name?

Just kinda thinking if I’ll be sitting there all day or not.

Thanks so much!