How long after separation


#1

You must be separated for one year and one day to file for divorce. You must wait until that one year one day separation before you can file. Once you file, the other party will be served. They have 30 days to respond. If there is no response (they don’t sign the papers) then the one that file will have to go before the court and state for the record that “Yes, this is the date we were married, yes, this is the date we separated…” nothing complicated. Divorces normally take 30-45 days and can sometimes be quicker than that if the other party signs the papers.


#2

You can file when you have been separated for one year and one day. If you separated November 3, 2008, you can file for divorce on November 4, 2009. (For all you clever posters out there I have not yet researched how that would be affected by a leap year, though I have often wondered :slight_smile:)

Once you have filed for divorce you must serve the divorce on your spouse, they get thirty days to file a response. You can schedule the divorce for hearing for a date after the 30 days has expired. The entire process typically takes about 45 days from the date your spouse was served.

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 radio.rosen.com 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

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#3
quote:
[i]Originally posted by Helena Nevicosi[/i] [br] Once you have filed for divorce you must serve the divorce on your spouse, they get thirty days to file a response. You can schedule the divorce for hearing for a date after the 30 days has expired. The entire process typically takes about 45 days from the date your spouse was served.

Does the 30 day window start when you actually file the divorce papers, or from the time the ex actually is served? Such as, file on 10/26, sheriff doesn’t serve until 11/14 (due to their policy/workload, internal rigamaro, etc.) Do they have 30 days from the time I filed, or when they get the papers?

Thanks for your replies!


#4

I believe that it’s 30 days from when they are served because in cases where the ex can’t be served, you must post in the newspaper as a public notice for 30 days. If they are allowed 30 days to respond then they must be given 30 days.


#5

Shouldn’t there be a limit to how long the Sheriff’s department can hang onto the papers?


#6

There probably is…
I do not know the procedure or how many times the Sherrif’s Department would attempt to serve. It’s possible that they attempt so many times and if they fail to do so inform the court. It’s possible that they are given a specified length of time in which to attempt to serve and then inform the court if that time runs out…I don’t know.

I have a friend who had to post in the local newspaper for over 30 days to get her divorce. Altogether from her filing to getting the final papers in the mail, it was almost 4 months. This because her ex wanted to make her life difficult. Divorces can be held up, but there’s not much that can be done to stop them.

If you are attempting to serve your stbx, stay on top of it. My husband’s attorney was able to tell him the day his ex was served…maybe the Sherrif’s Department can tell you. I understand that you may be frustrated but if you were being served with papers that stated you had 30 days to respond to something life altering, would you want to be served on day 29 with no chance to respond even if you intended to?


#7

if the ex signs the papers and does whatever is needed, does it still take that 30 days? I mean if both people want this done asap, is there ANY way to end it faster after the year and one day?


#8

NO


#9

If the ex signs the papers then it’s possible for the absolute divorce to be sooner than the 30 days but I think that would depend on the case load at the court. A judge must sign off on the divorce even if both parties have signed the papers.


#10

The 30 days starts when the opposing party is served. There is absolutely no way to shorten the one year timeline in this state.

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 radio.rosen.com 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

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#11

It has almost been 30 days since papers filed. Sheriff hasn’t served yet. Attorney says sheriff states ex tells them they will come by to pick up the papers. Ex will never go to pick them up. How long do we have to wait if they don’t pick them up? Ex works for large company in different area, and I wonder if sheriff “won’t” go there to embarass anyone??

What is next step or just stay on Sheriff dept in that county to physically go out to serve at place of business instead of waiting on ex to come by and pick up what was served?


#12

Your attorney can continue to contact the sheriff’s department. In some counties you can also serve using a private process server or certified mail.

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 radio.rosen.com 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

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#13

After the official one year legal separation has passed how long before the divorce can be filed? Can you file before the one year and use that one year date as the divorce time frame or do you have to wait until that one year before you can even file? How long after filing before the divorce is actually finalized?

Thanks!