You can not file anything until the one year one day requirement. If you file prior to that time, you would have to re-file which will take longer.
A date will be set. The spouse will then have 30 days to respond after they are served with the divorce complaint. They must be served 30 days prior to the court date.
If they have not responded by the court date, you would go to court, state that you were married x date, were married until x date and that’s about it.
You cannot file anything until you have been separated for one year and one day.
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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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
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Durham, NC 27713
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What day can I go and start the procedure for a Do It Yourself Divorce at the Clerk of Courts office? Do I have to wait until one year and one day after the seperation, or can I start it a couple of weeks before since by the time the court date happens, it will be past the one year and one day mark?