Yes, it can be done without lawyers. Since the one year and one day separation is complete, if you file for divorce it would only be 30-45 days for it to be granted. Be aware that the courts are closed for some holidays and keep that in mind. My husband filed for his divorce in mid November and it didn’t become final until January due to the courts being closed at the time that it would have been final. Good luck!
Where can I find the forms? And when I go to the courthouse to I get a date and do I have to appear??
The forms can be found on the home page of this web site…
What typically happens if I go to court to obtain my divorce myself?
In non-summary judgment divorces, the court will typically call the case for trial and the plaintiff (and counsel for the plaintiff, if the party is represented) will come forward. Usually the defendant and his or her attorney are not present. The plaintiff will be sworn and placed upon the witness stand. Counsel for the plaintiff requests permission to approach the bench and hands up the divorce judgment and the appropriate number of copies. Counsel then returns to counsel table and conducts direct examination. In North Carolina, lawyers are required to stay seated while asking questions that do not require the lawyer to show some document to the witness. The following questions are used in the standard direct examination of a person seeking a divorce. Are you Mary J. Doe, the plaintiff in this action? Are you married to John P. Doe, the defendant? Three children were born of the marriage between you and the defendant, is that correct? The children are Sallie Doe, born August 16, 1984, William Doe, born September 21, 1985 and John P. Doe, Jr., born October 31, 1987, is that correct? Were you a resident of North Carolina for at least six months prior to the filing of this action? You separated from the defendant on April 15, 1989 with the intention to remain separate and apart, correct? Have you, in fact, remained apart? Do you want the court to grant you a divorce? Generally, the judge will not have any questions and, assuming that the hearing is uncontested, will allow the witness to step down.
Well instead of sending him all these doc in the mail can I not just get him to sign it in front of a notary and then go to court?
Dear lowflyby:
Greetings. No, the parties have to be separated for one year and one day. There is no other way to be divorced, even if the parties’ agree. The separation period of one day must be followed. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
But we have been separated for over a year…since April 2004. That is 1 year and 7 months. Thanks for the advice![;)]
You can file for divorce. You may want to check with the court to find out if the papers need to be served or if they can be signed, notorized and filed.
Is there such thing as a quick divorce if both parties agree upon everything? We already had a separation agreement signed back in April of 2004 and we have both moved on. Now that we are in relationships of our own we want this done and taken care of so that he can get engaged again and I can get married. Can this be done without lawyers involved?? No offense…I am paying for it and I don’t have much money to spend. He doesn’t either.
I know that there is a waiting period of 30 days but I want it done and over since I am getting married in Dec. If I fill out everything now, can I get it filed in the courthouse faster??