Correct. Divorce, child support, child custody, and equitable distribution are all separate issues unless you have combined all except divorce within an agreement. Divorce is still separate and none of the rest of these have to be decided for divorce to be granted. File for absolute divorce and once the ex is served, has 30 days to sign or not. Even if the ex doesn’t sign, the divorce will still be granted usually 30-45 days after filing. There’s really nothing that will “hold up” a divorce in NC.
The divorce can be granted even if their are other issues pending, as long as your date of separation is not in dispute. Please make sure you have properly preserved your claims for Equitable Distribution and Alimony (if applicable) before your divorce is finalized.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
According to NC I can file for a no fault divorce after a year and (1) day of living seperated. Normally a divorce is granted within 60 days. If there are other issues that are pending such as equitible distribution of estate will this stop the divorce from being granted at the end of 60 days? Or will the courts view “the divorce” seperate for any other issues?