How To Get a Divorce in NC Without Waiting a Year?

North Carolina requires married couples to be separated for one year before a 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 NC without waiting a year. There are a few unique situations that can lead to a shorter divorce.

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Understanding North Carolina’s One-Year Separation Rule

North Carolina only follows no-fault divorce laws, meaning neither party is required to prove fault in a divorce case. 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 were living in a different home. At least one party needs to intend the separation to be permanent.

Some couples sign a private contract known as a separation agreement. The agreement typically details how bills are paid and where the children will live during the separation. The separation agreement can help prove that you were separated for one year, but it is not required by the courts. Both parties can use the separation period to work out the terms of the divorce.

Annulment: When Can You End a Marriage Immediately?

An annulment declares that a marriage is invalid. Effectively, the process establishes that the marriage never 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 (DBB) is a court-ordered separation. A DBB is available under special circumstances, such as drug abuse, abandonment, or adultery. Once the DBB is 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.

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.

Legal Separation Agreements and Their Role in Divorce

Although many people do not consider separation as a viable long-term alternative to divorce, formal separation affords many of the same results as divorce. The formal agreement between both spouses can address many of the same issues that are handled through a divorce: property division, child custody, child support, and spousal support.

A legal separation can last indefinitely if both parties do not seek a divorce. Some couples may choose long-term separation as an alternative to divorce for religious, financial, or personal reasons. A carefully drafted separation agreement is legally binding, and the terms of a legal separation can be enforced in court if needed.

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 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 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, both parties 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.

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, though, 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 options, including annulment or long-term separation. Once you decide to separate from your spouse, we can help you begin the work of preparing for your divorce so the process is completed as soon as possible.