Can You Get a Divorce in NC Without Waiting a Year?

North Carolina requires married couples to be separated for one year before a divorce (called absolute divorce) can be finalized. A year can feel like a significant amount of time to wait before moving on from a marriage. If you are preparing to get a divorce, you may be wondering how to get a divorce in North Carolina without waiting a year. There are a few unique situations that can lead to ending a marriage more quickly than a year..

David is a Charlotte native and has been licensed to practice in North Carolina for over 14 years.David is a graduate of UNC-Chapel Hill and of UNC School of Law.David was named as an honoree from Community Building Initiative Leaders Under 40, and NC Legal Elite in 2024 and 2025.

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Understanding North Carolina’s One-Year Separation Rule

North Carolina follows no-fault divorce laws, meaning neither party is required to prove fault to obtain an absolute divorce. In order for a divorce to be finalized, the judge will want to see proof that you were separated from your spouse for one year. Separation means that you and your spouse are living in separate residences for at least one year. At least one party needs to intend the separation to be permanent.

Some couples sign a private contract known as a Separation Agreement. The Separation Agreement can help prove that you were separated for one year, but it is not required by the courts to obtain an absolute divorce in North Carolina.

Annulment: When Can You End a Marriage Immediately?

An annulment declares that a marriage is void from the beginning, meaning it never legally existed. To annul a marriage, the petitioner must show that the marriage either never happened or violated state marriage laws.

Bigamy, fraud, lack of consent, or one spouse being underage without parental permission are all possible grounds for annulment. Annulments must be pursued quickly. Lengthy cohabitation could affect eligibility for annulment.

Divorce From Bed and Board: A Court-Ordered Separation

A divorce from bed and board is a court-ordered separation. A divorce from bed and board is available under special fault-based circumstances, such as drug abuse, abandonment, or adultery by one or both spouses. If a divorce from bed and boardis awarded, one spouse may have grounds to ask the court for exclusive possession of the home. Either party may also seek spousal support or financial relief. After enough time has passed, the separation may transition to a more formal divorce filing. Unlike an absolute divorce, a divorce from bed and board does not dissolve the marriage.

Can You File for Divorce in Another State?

Each state has residency requirements before filing for divorce. Some states have no waiting period for a divorce or a much shorter separation requirement than North Carolina.

It is important to remember that if one spouse remains in North Carolina, jurisdictional issues may arise. Only one court in one state can have jurisdiction over a divorce. Although this option requires consideration for jurisdiction, filing for divorce in another state may allow you to avoid North Carolina’s one-year separation requirement. An attorney can clarify whether filing for divorce in another state is a valid option.

FAQs:

Q: How Can You Get a Quick Divorce in North Carolina?

A: Most marriages require at least one year of separation before a divorce can be filed in North Carolina. Exceptions to this waiting period could include annulment or filing for divorce outside of the state if another state’s residency requirements are met. While these exceptions may not apply to all marriages, it may be worth meeting with a family law attorney to go over your options.

Q: Can You File for Divorce in North Carolina Before One Year?

A: No, you generally cannot file for divorce before you have completed the one-year separation requirement. There are a few exceptions to this waiting period. Certain marriages may qualify for an annulment if the marriage was unlawful. For most marriages, the courts will require proof of separation before divorce proceedings can begin.

Q: What Is the Fastest Way to Get Divorced in North Carolina?

A: The fastest way to get a divorce for most couples is to meet the state’s separation requirements by living separate and apart for one year. During this time, both parties can work together to come to an agreement on the terms of the divorce. Once the one-year separation period has passed, either party can file for divorce. The divorce process can be completed within a few months if the divorce is uncontested.

Q: Why Does North Carolina Require a One-Year Separation for Divorce?

A: Most states have some sort of waiting period before a divorce can be finalized. North Carolina’s one-year separation requirement is intended to provide time for both parties to make sure that they want a divorce. A divorce is a serious matter, and the state has an interest in making sure there are clear grounds for a no-fault divorce. The separation period also affords both parties time to begin preparing for a divorce.

Q: Do I need to file anything in Court for a Legal Separation?

A: No, there is no need to file for separation in North Carolina in order to be considered legally separated.Separation means that you and your spouse are living in separate residences for at least one year, and at least one party needs to intend the separation to be permanent.

Schedule Your North Carolina Divorce Consultation Today

Once the decision has been made to dissolve a marriage, many spouses prefer to see the process completed without unnecessary delays. The family law team at Plumides, Romano & Johnson, PC understands that ending a marriage is never an easy decision. Once the decision is made, we’re here to help you see the process through.

We believe in taking time to explain legal options to our clients so they can make informed decisions about their divorce. Contact our office today to schedule your divorce consultation so we can explain your legal options. Once you decide to separate from your spouse, we can help you begin the work of preparing for your divorce so the process can be completed as soon as possible.