Do it Yourself

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.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

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

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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?