Filing for Divorce Before Mediation

North Carolina Divorce Law Divorce and Separation Answers
1

It’s well past the 1 year separation period. I finally got my ex to agree to a mediation date (4 weeks out). However, I would like to get the actual divorce as soon as possible. Can I go ahead and file for divorce now (or in a couple of weeks) assuming that the mediation goes forward to completion? If not, what are my options for accelerating the divorce?

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2

Yes, you can file for the divorce now. It will likely take about 60 days for it be calendared anyway, which is about the same timeframe as your mediation. As long as you’ve already filed for any alimony and/or equitable distribution claims (to preserve those issues) then you are okay to move forward with the divorce.