The date that matters is the date that you are no longer living together. (be able to prove it with a apt lease or a bill that has your new address incase they try to cause problems) 366 days later you can file for divorce they then have 30 days to responed IF they do not response the divorce is granted something like 45 days after its filed. So from seperation to absolute divorce is 410 days.


Dear mgbruton:

Greetings. No, this information is incorrect. Please read over our divorce information on the website to see the process for the divorce. The Plaintiff must be served, but after service they don’t need to sign anything else. Also, divorces must be calendared or go through the clerk, but are never simply granted without the proper process. 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.

I have been told to me that after the plantiff has been serve with divorce papers, and it’s been a year and they haven’t signed. that the divorce is granted regardless if they have signed the papere or not is this true. my time will be up April the first that the original date I file. Is that the date that the year begins or the the date they were served. PLEASE HELP!!! Ready to be rid of this person.