Timeframe


#1

If everything has been agreed on, one of you file for divorce after the one year one day requirement and the other gets served. Usually, that spouse has 30 days to respond by signing the papers. If they do not respond a court date is scheduled for the judge to “hear” testimony, basically stating that what the papers say is true and no the requirement time is up. Normally, 30-45 days if all goes smoothly.


#2

If both parties are in agreement on the divorce, it can be expedited, although this may result in increased attorney’s costs, just from the extra paperwork involved. This will also require both parties/attornies working together, and the final date will depend heavily on how full the court’s calendar is.

In my divorce, the complaint was filed November 13th, the divorce was obtained December 3rd. (The 1yr separation requirement had already been met long before, and a separation agreement had been signed on the 8th.)

However, my ex did file a response that not only included admitting all the allegations in my complaint, but also a waiver of notice of proceedings, a waiver of amending the answer, and a waiver of notice of summary judgement.


#3

Once your spouse is served it takes about 45 days for the divorce to be finalized.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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1829 East Franklin Street
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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

I know that every court is different, but on an average, when a couple have met the one year time limit to be living separate and have agreed to a separation aggreement when the papers are filed for the divorce, how long does it usually take to be finalized?