What is the Divorce Procedure? Do I Need to File for Separation?

Filing for Separation is not required in North Carolina and a court will use the date that you are physically separated from your spouse as the date of separation. There are the rare times when individuals will litigate the date of separation. These issues usually only arise when a spouse is seeking immigration status and is required to be married for a specific amount of time or when the net worth of a large estate is fluctuating in a volatile market.

To effectuate an absolute divorce, separated parties must wait until they have been separated for one entire year before filing a Complaint for Divorce. In Charlotte-Mecklenburg County, only judges will enter a Divorce Judgment; however, a clerk is empowered through North Carolina Statute and some neighboring counties do allow a clerk to enter a Divorce Judgment.

If a Judge is required to enter a Divorce Judgment in your county, on the 366th day, a complaint will can be filed, and at that point, the opposing party has thirty days to Answer the Complaint. Due to the fact that the only issue of controversy that may rise in an Absolute Divorce is the length of separation, the defendant usually need not respond to the Divorce Complaint. Once the Defendant allows the thirty days to lapse, the Plaintiff may then file for a Summary Judgment and a Judge may enter the Divorce Judgment without either party being present.