Spouses preparing for divorce are often eager to end unsatisfying marriages as quickly as possible. Especially in cases where both spouses agree that divorce is the best path forward, people might hope to complete a divorce relatively quickly.
Anyone who has lived in North Carolina for six months or more may need to file under North Carolina laws. Unlike some jurisdictions, North Carolina does not process any fault-based divorces. Every divorce is subject to the no-fault rules established in state statutes.
What is the fastest possible timeline for a no-fault divorce in North Carolina?
A lengthy separation is mandatory
Spouses only qualify for a no-fault North Carolina divorce after they have remained separated for at least a year and a day. Typically, separation requires maintaining different households. In some cases, spouses enter a formal separation agreement early in the process.
Those who do settle terms early on may be eligible for a faster divorce once they meet the requirements for their separation. Couples can theoretically finalize uncontested no-fault divorces within a few months after the completion of the mandatory separation period.
In cases where spouses have not reached an agreement regarding custody matters or the distribution of their property, negotiations or even litigation may follow the separation period. Their divorces may require substantially longer than cases where spouses have already resolved their disputes.
Consulting with a divorce attorney about concerns regarding divorce requirements and terms can be beneficial for those in the early stages of the process. With that said, even in cases involving egregious misconduct or total agreement, a North Carolina divorce finalization requires at least 366 days of separation, plus additional time for court.
