Uncontested - still need to wait 1 year?


#1

If both parties agree to all involved in a Separation Agreement and the separation/divorce is uncontested, do you still need to wait the full one year and one day before filing for the divorce?


#2

Interesting question.

I am not an attorney, but from what I have heard, the only way around this antiquated North Carolina rule is to agree on an earlier separation date that gets documented in the Separation Agreement. I understand an attorney would probably not put this in writing and would simply say you have to follow the rule. I would think there is still a danger that when one spouse serves the other with the final divorce papers the served spouse may have second thoughts and notify the court. You would really have to trust each other. Please let us all know how it turns out!


#3

I would agree with NiceGuy however, if one spouse goes back on the agreed date then they’d be incriminating themselves.


#4

Yes.