Regarding Uncontested Divorce


#1

My wife and I both agree that our marriage has been at a standstill for a few years now and have decided on divorce amicably. The requirements to file an uncontested divorce in NC states that we need to live seperately for at least a year and a day’s time, plus be an NC resident for 6 months . I’m assuming there’s no way to begin filing for an uncontested divorce so long as we live under the same roof? Also, is there any other forms of divorce that can speed up the divorce process instead of waiting for a year? Our decision was made amicably, however the decision itself wasn’t easy and we’d like to get the process over with ASAP instead of carrying the burden of going through a divorce over a year’s length.

Any insights will be greatly appreciated.


#2

I believe GA has a six months residence/30 days rule. i.e. one party must be a resident in GA for a minimum of 6 months then can file for divorce which takes 30 days.


#3

You must live separate and apart for 366 days before you can file for absolute divorce, there is no way to speed the process.


#4

I was wondering, our legal aid here in my county offers a divorce clinic. It is in my price range to do the clinic but its only for uncontested divorce. I have a feeling he is not going to agree to my terms, you see we have a three year old child and he wants to keep him all week and make me have him all weekend. I work monday through friday and I dont agree with that considering he is unemployed and has been for more than a year now. I work in another county and my sons daycare is on the opposite end of the town I live in from the direction of my work. My ex wont let me change his daycare to be in between my work and home. My job is important in my abilty to care for my son. I feel for stability purposes he should be with me during the week, in daycare during the day for learning and socialization, and with his dad on the weekends for a break from routine. His dad wakes up whenever he wants and does whatever he wants. There is no structure to his life other than partying (which is the reason he gave me for wanting me to have my son on the weekends). Either way I was HOPING it would be possible to file an uncontested divorce with me having sole custody of my son. What would happen if I did this and he didnt agree? Would my money and time at the divorce clinic be for naught??


#5

Custody issues are completely separate from the divorce process. One is not connected to the other. You file for divorce in one claim. The you file for custody/child support in a separate claim.