Divorce filing

North Carolina Divorce Law Divorce and Separation Answers
1

I am eligible to file on august 2, the 1 year is up. I’ve heard that it takes 4 weeks to file/finalize the divorce…and 6 weeks if ex is not cooperative and a sherriff needs to be involved.

Can you explain this? Is there something that the ex needs to do? I assumed that the divorce can’t be stopped after the 1 year waiting period and I just file some papers…didn’t think that needed her, and that it would happen in a day or two.

thanks

2

Finalizing a divorce can take up to 4 weeks depending on the county, and what actions the defendant takes.

If the defendant accepts service and files an answer and waiver of time to further answer, the time period can be reduced by 30 days (the time period allowed for a response). Once that is done the Plaintiff can go ahead and set a hearing date when the divorce will be entered.

An example of answer and waiver looks like this:

NOW COMES Defendant, answering the Plaintiff’s earlier filed Complaint and says:

  1. That he received the Summons and Complaint, has read the Complaint and the allegations contained therein are true.
  2. That he waives any defect in service of process, all further notice of any hearing or action, his right to be present and heard and consents to this matter being brought before the Court at the convenience of Plaintiff in any manner allowed by law, and joins in the prayer for relief set out in the Complaint for entry of divorce.
    WHEREFORE, Defendant respectfully requests the Court to grant the following relief:
  3. That the Court dissolves the bonds of matrimony existing between the Plaintiff and the Defendant.
  4. That the Defendant’s time to answer Plaintiff’s Complaint and Defendant’s right to a minimum Notice of Hearing be waived, and
  5. For such other and further relief as to the Court seems just and proper.
    This is the _____ day of June, 2010.

Defendant
123 Main Street
Anytown, NC 12345

STATE OF NORTH CAROLINA
WAKE COUNTY

I certify that the Defendant ____________ personally appeared before me this day, and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.

Date: ____________________ ¬¬¬¬ __________________________________

___________________________, Notary Public
(Notary’s printed name