If you are considering divorce in North Carolina, one of the first questions you might have is, “How long will this take?” While every case is different, North Carolina has specific laws that set the minimum waiting period and other steps that affect how long your divorce will last.
At Martine Law, we help clients navigate the divorce process efficiently while protecting their rights and interests.
The one-year separation requirement
North Carolina requires couples to live separately and apart for at least one year before filing for an absolute divorce. This means:
- You and your spouse must live in different residences
- You cannot resume the marital relationship during this period
- If you reconcile, the one-year clock resets
The separation period is a strict legal requirement and cannot be waived.
Filing the divorce complaint
Once the one-year separation period is complete:
- File a complaint for absolute divorce in the county where you or your spouse lives
- Serve your spouse with the divorce papers
- Wait for their response (30 days if served in North Carolina)
Factors that can extend the timeline
While the minimum timeline is one year plus the court process, other factors can make the divorce take longer:
- Contested issues like property division, alimony, or child custody
- Scheduling delays in the court system
- Disputes over jurisdiction or legal requirements
- Requests for temporary orders during the process
A contested divorce can take several months to over a year beyond the separation requirement.
How to speed up the process
You cannot shorten the one-year separation, but you can reduce delays after filing by:
- Reaching agreements on property, custody, and support before filing
- Filing complete and accurate paperwork
- Working with a North Carolina divorce lawyer who can navigate court procedures efficiently
Key takeaways
- In North Carolina, you must live apart from your spouse for one year before filing for divorce.
- The total process often takes 12–14 months for uncontested cases and longer if contested.
- An experienced divorce lawyer can help streamline the process and avoid costly delays.
Ready to start your divorce process?
We help clients across North Carolina move forward with clarity and confidence.
Contact Martine Law for a confidential consultation.