Navigating the Four Stages of Divorce in North Carolina: Insights from a Divorce Attorney in Cary

Are you considering divorce in North Carolina and wondering about the process? Divorce can be a complex and emotionally taxing journey, especially with the unique requirements in the state. Understanding the stages of divorce and the timeline involved can help you navigate this process more effectively. In this article, we'll break down the four stages of divorce in North Carolina and provide valuable insights from Brook Stuntebeck, an attorney at Triangle Smart Divorce in Cary.

Stage 1: Physical Separation

The first stage of divorce in North Carolina begins with physical separation. As Brook Stuntebeck explains, North Carolina law mandates a one-year separation period before filing for divorce. But what exactly qualifies as physical separation?

Q: What constitutes physical separation in North Carolina?

A: Physical separation requires that both spouses establish separate residences, with each having their own address. This separation must be maintained for a minimum of one year before filing for divorce.

Q: Are there any exceptions to the one-year separation requirement?

A: No, the one-year separation period is a mandatory prerequisite for divorce in North Carolina. This waiting period cannot be circumvented, regardless of the circumstances.

Stage 2: Filing for Divorce

Once the one-year separation period has elapsed, spouses can proceed with filing for divorce. Brook outlines the key steps involved in this stage:

Q: When can I file for divorce after the separation period?

A: In North Carolina, you must wait one year and one day from the date of separation before filing for divorce.

Q: Where should I file for divorce?

A: The divorce filing must be submitted in either your county of residence or your spouse's county of residence.

Stage 3: Process of Service

After filing for divorce, the process of service comes into play. This stage involves serving the divorce summons to your spouse within a specified timeframe.

Q: What is the timeline for serving the divorce summons?

A: The summons must be served to your spouse within 60 days of filing for divorce. Failure to do so within this timeframe may require an extension of the summons.

Q: What happens if my spouse fails to respond to the divorce complaint?

A: If your spouse fails to respond within 30 days of being served, additional time may be added to the process. Overall, this stage typically adds about 90 days to the timeline.

Stage 4: The Divorce Hearing

The final stage of divorce in North Carolina involves the divorce hearing before a judge.

Q: What occurs during the divorce hearing?

A: At the hearing, the judge reviews the divorce file and may take testimony from both parties. If there are no disputes regarding the separation period, the judge will grant the divorce.

Q: How long does it take to schedule a divorce hearing?

A: Previously, it took approximately two weeks to schedule a hearing, but due to court backlogs and limited resources, it now takes about a month.

Conclusion

Navigating the divorce process in North Carolina requires a clear understanding of the four stages involved and the associated timeline. While the minimum timeframe for divorce is about a year and a half, complications or unresolved issues may prolong the process. By seeking guidance from experienced divorce attorneys like Brook Stuntebeck at Triangle Smart Divorce, individuals can navigate the process more efficiently and effectively. Don't hesitate to reach out for assistance and start the journey towards a new chapter in your life.