How long from 1 year separation to Divorce?


Dear ReadyToMoveOn:

Greetings. Yes, your attorney is telling you the truth about the timing for the divorce. You file the divorce, serve the same (which usually takes about 5-10 days), then must wait 30 days. After the wait for 30 days, it takes about 15 - 20 days to get a hearing. This is the standard time process anywhere in NC. Sorry you are in a hurry, but just make sure that your attorney files everything correctly and it should not take any longer. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.


My spouse & I have been legally separated for 1 year now & I will soon be filing the paperwork with my lawyer for the actual divorce. I have been told that this process will take an ADDITIONAL 8-10 weeks. Is this true? I am wondering if it is because the county where I am filing (Mecklenburg Co) is just back-logged with divorce cases and maybe I will be better off filing in Union Co. where I live, perhaps it will not take as long. Can you tell me if this is standard all over NC…to have to wait an extra 2 to 2.5 months to have the divorce finalized or does it depend on the county? We have 2 children & custody, child support, division of property has already been decided on in our separation agreement drawn up last spring. Please advise. Thank you!