Quick Question

Incurable insanity mandates a 3 year waiting period, but that isn’t used very frequently.

Otherwise, I’m pretty sure it’s one year, no matter what.

One year, one day separation and insanity are the only two reasons divorce are granted in NC. This is a no fault state. Not really sure what you mean by “type” of divorce…

Divorce can be granted in North Carolina after the parties have been separated for one year and one day. The only other basis would be incurable insanity, which requires a three year waiting period.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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.

Is the law the same, one year waiting period no matter what type of divorce in NC?