If you’re considering divorce in North Carolina, one of the first questions you may have is: How long will this take?
While every case is different, North Carolina law outlines a clear timeline for divorce. Understanding the process can help you prepare emotionally, financially, and legally.
The Mandatory One-Year Separation Period
In North Carolina, you must be separated for at least one full year and one day before you can file for an absolute divorce. This means:
- You and your spouse must live in separate residences
- At least one of you must intend for the separation to be permanent
The court does not recognize a “trial separation” if you’re still living under the same roof, even if you’re sleeping in different rooms.
What If You Can’t Move Out?
Sometimes, one spouse refuses to leave the marital home—even when the relationship has clearly broken down. In these cases, you may consider filing for a Divorce from Bed and Board—a fault-based legal action that can help one spouse lawfully separate from the other and potentially gain exclusive possession of the home.
While it is not a true divorce, a Divorce from Bed and Board can establish the separation required to begin the clock toward an absolute divorce.
When Can You File?
Once the one-year separation requirement is met, either spouse may file for divorce. Additionally, at least one spouse must have lived in North Carolina for a minimum of six months prior to filing.
Even if your divorce appears straightforward, it’s wise to consult with an attorney before filing to ensure your rights are protected, especially if you need to address property division, custody, or spousal support before the divorce is finalized. Learn more about what to expect on our Raleigh Divorce Lawyer page.
How Long Does the Legal Process Take?
After filing for divorce, here’s what typically happens:
- The other spouse must be served with divorce papers, usually within 30 days
- They have 30 days to respond
- If the divorce is uncontested, a court hearing may be scheduled 30 to 60 days later, depending on the court’s availability
In most uncontested cases, the divorce process takes approximately 45 to 90 days after filing.
Contested Issues Can Extend the Timeline
If you and your spouse disagree on major issues such as:
- Property and asset division
- Child custody or visitation
- Spousal support
- Business or retirement accounts
…the timeline can be significantly longer. Resolving these disputes, whether through negotiation, mediation, or trial—can take several months or more.
If you’re seeking a more collaborative, less confrontational approach, Collaborative Divorce may offer a more efficient path without going to court.
What If We Want to Move Things Along?
While you can’t shorten the required one-year separation period, you can take proactive steps to avoid unnecessary delays:
- Create a legally binding separation agreement
- Begin resolving custody and property matters early
- Use mediation or collaborative law to settle disputes outside of court
With the right guidance, you can reduce stress and keep your divorce on track.
Ready to Move Forward?
Divorce takes time—but it doesn’t have to be overwhelming. At Triangle Divorce Lawyers, we support individuals and families throughout Wake, Johnston, and Franklin Counties, as well as surrounding communities, through every step of the process with clarity and compassion.
Call us at 919-303-2020 or
Schedule a confidential meeting with our team
