“How to get a divorce in NC without waiting a year” is one of the most asked queries I received, and the answer might be a bit disappointing to you. North Carolina does not approve divorce unless couples stay separated for one year.
However, there are two exceptions, which I am discussing in detail here. You will also learn why NC has made the one-year rule and how you can better utilize the period.
Let’s begin!
How to Get a Divorce in NC Without Waiting a Year? (Two Exceptions)
In North Carolina, getting a divorce usually comes with a clear rule: couples need to live apart for one year before they can officially file for divorce. But you can bypass this one-year wait in two ways.
- Lying (which I don’t recommend, as it’s a criminal offense)
- Petition
The Reality of Lying as an Exception
Firstly, there’s the option of misrepresentation (lying). You can falsely claim to the court that you and your partner live separately for one year. Now, I must be clear: this is not a good idea. Lying under oath in a divorce case is a crime known as perjury.
In North Carolina, committing perjury can lead to serious legal trouble, including:
- Fines
- Jail time.
Now, you might be thinking, “How to prove legal separation in NC?” You can prove to the court that you and your spouse are separated by honestly telling your story while under oath. You can also bring in other people to speak as witnesses. Furthermore, having a signed written agreement about your separation is also useful in court.
Petitioning the Court for a Waiver
Now, onto a more viable option. You can ask the court to let you skip the one-year waiting period. This is done by petitioning the court for a waiver. But here’s the thing: whether or not you get this waiver is totally up to the court.
The court looks at each case individually and decides if there’s a good enough reason to make an exception. So, there’s no guarantee you’ll get it. I’ve noted that the courts usually reject the petition.
Why Is There a One-Year Separation Requirement for Divorce in NC?
In North Carolina, the law requires most couples to live separately for one year before they can file for divorce. It’s because of two reasons:
- Firstly, it serves as a cooling-off period, giving couples time to reflect on their decision and, if possible, reconcile.
- Secondly, it ensures that the decision to divorce is deliberate and not made in the heat of the moment.
The one-year separation requirement is outlined in North Carolina General Statute 50-6. I believe this law reflects North Carolina’s commitment to the sanctity of marriage. It’s a good one because it prevents hasty divorces by ensuring couples have ample time to consider their decision.
In fact, there have been notable cases in North Carolina where this law has played a critical role. For example, in the case of “Boseman v. Jarrell,” the court highlighted the importance of the one-year separation period.
The Practical Implications of One Year Separation Period
From a practical standpoint, this year also allows couples to finalize the divorce. This includes:
- Property division
- Child custody
- Alimony, etc.
So, you can say that it’s a period where couples can sort out these crucial issues outside the courtroom.
How Can You Effectively Use the One-Year Separation Period?
The one-year separation period in North Carolina can actually be a valuable time for you if you follow my tips. You should not view it merely as a waiting period. I suggest considering it a crucial phase for planning and personal growth.
Here’s how you can make the most of this time.
Planning for a Smoother Divorce Process
You can use this time to organize your legal and financial affairs. Start by:
- Gathering important documents
- Understanding your financial situation
- Planning about how you’d like to handle matters like property division.
Furthermore, this period can also be an opportunity to try and resolve issues with your spouse. Remember that mediation or negotiation can simplify the divorce process later.
Personal Growth and Self-Care
You can also use this one-year time for personal growth. I recommend engaging in activities that you find fulfilling. These can be hobbies, furthering your education, or focusing on career growth. It’s a chance to rediscover your interests and passions.
Moreover, you should also spend it on your physical health and well-being: Often, we neglect our physical health during stressful times. Use this period to focus on your physical well-being.
Here’s what I suggest:
- Start a new exercise regimen
- Eat healthier
- Simply ensure you get enough rest.
Preparing for Life Post-Divorce
You should also set goals for your post-divorce life during this time. These goals can be:
- Career-oriented
- Related to personal achievements
- About building new relationships,
Similarly, if you haven’t been financially independent, this is the perfect time to work towards it. Look into job opportunities, upskill yourself if necessary, and plan a budget.
What Are the Steps to File for Divorce After the Separation Period?
To file for divorce in North Carolina after the one-year separation period, there are several steps you need to follow:
- Filing a Divorce Complaint: After completing the one-year separation, you or your attorney must file a “Divorce Complaint” with the Clerk of Court in your county of residence. This document will formally initiate your divorce proceedings.
- Serving Divorce Papers to Your Spouse: Next, you will serve the divorce papers to your spouse. You can do this via service by the sheriff, certified mail with a return receipt requested, acceptance of service, or publication.
- Discovery and Information Exchange: This step involves both parties exchanging information about their financial situation. Note that it’s crucial for resolving matters like asset division and spousal support.
- Mediation and Alternative Dispute Resolution: Now, comes a 30-day waiver for divorce North Carolina. It means you will have 30 days to settle things. A neutral third party will help you and your spouse agree on divorce terms.
- Divorce Trial and Judgment: The case will go to trial if you cannot settle your issues through mediation or negotiation. Each party will present their case, and a judge will decide.
- Final Divorce Decree: After the judge’s ruling, your divorce will be finalized with a formal court order.
Note: It can take 30 to 120 days to complete a divorce in NC (North Carolina). If you want to finalize it as soon as possible, try reaching agreements quickly, like child support.
How to File for Divorce in NC for Free? (Here’s What to Do)
If you don’t have enough money to pay for your divorce papers, you can ask the court to let you file without paying. To do this, you need to fill out a form called a “Petition to Proceed as an Indigent.” If the court says yes, you won’t have to pay the fee for filing your papers or the cost for the sheriff to deliver them.
In another guide, I’ve explained how you can apply for divorce online.
What Are the Legal Grounds for Divorce in North Carolina?
In North Carolina, the legal grounds for divorce are pretty specific. Keep in mind that they are based on either a “no-fault” basis or fault-based grounds. Understanding these grounds is crucial for anyone considering a divorce in the state.
No-Fault Divorce
North Carolina is one of the states that allow for a no-fault divorce. It means neither party has to prove the other caused the marriage to fail.
Here are the key requirements for a no-fault divorce in North Carolina:
- One-Year Separation: The couple must have lived separately for at least one year.
- Residency Requirement: At least one party must have resided in North Carolina for six months before filing for divorce.
Fault-Based Divorce
In addition to the no-fault option, North Carolina recognizes fault-based grounds for divorce. These include:
- Incurable Insanity: It requires proof that one spouse has been insane for three years.
- Marital Misconduct: It includes adultery, abandonment, cruel treatment, excessive use of alcohol or drugs, and reckless spending of assets.
Let me also tell you here that divorce from bed and board NC is considered fault-based. It is a legal action that is somewhat different from a typical divorce, as the marriage doesn’t end. You’re separated in many ways, but you’re still legally married.
Now, you can have an idea of why divorce laws are complex. That’s why it’s highly advisable to consult with a legal expert. A family law attorney can provide guidance, which will smoothen out the whole process.
What Are the Basic Divorce Laws in North Carolina? (All-Inclusive Details)
North Carolina’s divorce laws provide a clear framework for couples seeking to end their marriage. Here are some of the basic ones:
Residency Requirement: To file for divorce in North Carolina, you or your spouse must have lived in the state for at least six months before filing.
One-Year Separation Rule: The state mandates a one-year separation period before filing for divorce. During this period, the couple must live separately and apart to end the marriage.
Division of Property: People often ask me, “What is a wife entitled to in a divorce in North Carolina” North Carolina follows the principle of equitable distribution when dividing marital property. This means the property is divided in a way that is fair (but not necessarily equal).
Child Custody and Support: Decisions regarding child custody are made based on the child’s best interests. Child support is calculated considering both parents’ income and the child’s needs.
Alimony: The court may grant alimony to either spouse. The decision is usually based on factors like:
- The duration of the marriage
- The standard of living during the marriage
- The financial resources of each party
- The contributions of each party to the marriage.
Keep in mind that every divorce is unique. So, always get advice from divorce lawyers to avoid facing any frustration.
Final Words
All in all, you will have to wait a year to get a divorce in North Carolina. It’s a law. However, you can bypass it by filing a petition, but this gets rejected in most cases. Some people try to lie about separation, but I never recommend it because lying in court is a criminal offense.
It’s better to wait the year and use this time to plan your life. You can also settle things like alimony, child support, etc. so that the divorce gets finalized quickly after the one-year wait.
