Dec32025
Family Law Q&A Series

How long does a straightforward uncontested divorce usually take from filing to final judgment? – North Carolina

Short Answer

In North Carolina, once the one-year separation and six-month residency requirements are already met, a straightforward uncontested absolute divorce often takes about 45 to 90 days from filing to final judgment. The exact timing depends on how quickly the defendant is served, local District Court scheduling, and whether the judge signs the divorce by live hearing or by summary judgment on the court’s calendar.

Understanding the Problem

The question here is how long it usually takes, under North Carolina family law, for a simple, uncontested absolute divorce to move from the initial filing of the complaint to entry of the final divorce judgment. The focus is on situations where the only claim is divorce (and possibly a name change), the parties have already been separated for at least one year, and there are no disputes over property, support, or custody being decided in the same case. The key concern is the practical court timeline once the case starts, not the one-year separation period that must occur before filing.

Apply the Law

Under North Carolina law, most absolute divorces are based on one year of separation and require that at least one spouse has lived in the state for six months before filing. The case is filed in District Court in a county where either party resides, and the plaintiff must properly serve the defendant and then obtain a judgment from a judge or, in limited situations, from the clerk. Even in an uncontested case, the court must find that the statutory requirements for divorce are met before entering judgment.

Key Requirements

  • Separation for at least one year: The spouses must have lived in separate residences for at least one full year with the intent to remain apart before an absolute divorce based on separation can be granted.
  • Six-month North Carolina residency: Either the plaintiff or the defendant must have resided in North Carolina for at least six months before filing for absolute divorce.
  • Verified complaint, service, and court finding: The plaintiff must file a verified complaint in the proper county, properly serve the defendant, and obtain a judgment after a judge or clerk finds that the legal requirements are satisfied, often through a brief hearing or a summary judgment procedure.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts provided, consider two common uncontested situations. In one, the plaintiff files after more than a year of separation, promptly serves the defendant in North Carolina, and calendars a summary judgment divorce; in many counties, the court can enter the judgment within about 45 to 60 days of filing. In another, service takes longer or the court’s calendar is crowded, and the same uncontested divorce might take closer to 60 to 90 days from filing to the signed judgment.

Process & Timing

  1. Who files: The spouse seeking the divorce (plaintiff). Where: District Court, Civil Division, in a North Carolina county where either spouse resides. What: A verified Complaint for Absolute Divorce, a Civil Summons, and related civil cover or local forms if required. When: After at least one year of living separate and apart and once a six-month residency requirement is satisfied.
  2. After filing, the plaintiff arranges service of the summons and complaint on the defendant (often by sheriff or certified mail). Once service is complete and the required time for the defendant to respond has passed, the plaintiff typically files a Motion for Summary Judgment or schedules a brief uncontested hearing, along with a proposed Divorce Judgment and, if needed, a Servicemembers Civil Relief Act affidavit. Local rules often result in a hearing date or calendar slot within a few weeks to a couple of months.
  3. At the hearing or summary judgment calendar, the judge (or sometimes the clerk in narrow uncontested circumstances) reviews the verified pleadings and affidavits, makes findings that the statutory requirements are met, and signs the Divorce Judgment. The clerk then files and stamps the judgment, which completes the divorce and allows each party to request certified copies if needed.

Exceptions & Pitfalls

  • Failure to actually complete a full year of living in separate residences before filing can delay or prevent entry of judgment if the court finds the separation period is short.
  • Improper or delayed service on the defendant can add weeks or months, especially if service by publication becomes necessary.
  • Adding contested claims (equitable distribution, alimony, or custody) can change the character of the case, affect scheduling, and may require more court time even if the divorce itself is not disputed.
  • Missing local calendaring requirements, failing to file a required Servicemembers Civil Relief Act affidavit, or not submitting a properly drafted proposed judgment can cause the court to continue or deny the request for an uncontested divorce on the first setting.

Conclusion

For a straightforward uncontested absolute divorce in North Carolina, the court’s part of the process—after the spouses have already lived separate and apart for a full year and one spouse has met the six-month residency requirement—usually runs about 45 to 90 days from filing to final judgment. The key variables are timely, proper service on the defendant and prompt calendaring of a brief hearing or summary judgment. The most important next step is filing a verified complaint in the proper county and arranging prompt service so the case can be scheduled for an uncontested divorce judgment.

Talk to a Family Law Attorney

If a straightforward uncontested divorce is on the horizon and timing from filing to final judgment is a concern, our firm has experienced family law attorneys who can help explain local procedures, prepare the required forms, and move the case efficiently through the court system. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.