Filing for Divorce

You can file in the county where your ex lives at the time you wish to obtain a divorce. You must be separated for one year and one day before you can file for divorce. Once your spouse is served you must wait thirty days before you can file what is called a motion for summary judgment and set your divorce for a hearing, it can take several weeks to get a hearing date.

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

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.

After reading posts on this forum I am confused. In a few months I will be moving to another county. Ex will still live in this county where we were married. Where would I file for divorce? Also is it true that I cannot file for divorce until I have been separated for 1 year and then I have to wait up to 60 days for the divorce to be final after filing?