Dec212025
Family Law Q&A Series

How long does a divorce usually take if my spouse and I agree on everything versus if we don’t? – North Carolina

Short Answer

In North Carolina, most couples cannot finalize an absolute divorce until they have lived separate and apart for at least one year, with at least one spouse having lived in North Carolina for at least six months before filing. If both spouses agree and the paperwork and service go smoothly, the divorce often takes weeks to a few months after filing (once the one-year separation requirement is met). If the spouses do not agree—especially if they are also fighting about property, support, or custody—the overall timeline can stretch much longer because those related cases can take months to years and can slow settlement and scheduling.

Understanding the Problem

In North Carolina family law, the key timing question is: how long can an absolute divorce take when spouses agree on all issues versus when they do not. The timing usually turns on when the spouses began living separate and apart, whether the case proceeds as an uncontested court filing, and whether other disputes (like support or property division) require additional court involvement before or alongside the divorce.

Apply the Law

North Carolina allows an absolute divorce based on a one-year separation. The court can grant the divorce when the spouses have lived separate and apart for one year and at least one spouse has lived in North Carolina for six months before filing. “Separate and apart” generally means living in different residences, with at least one spouse intending the separation to be permanent. An absolute divorce case is typically filed in District Court in the county where venue is proper under North Carolina rules, and it can be handled without a courtroom trial in many counties if it is uncontested and properly supported by sworn paperwork.

Key Requirements

  • One-year separation: The spouses must have lived in separate residences for at least one year before the court can grant an absolute divorce.
  • Residency: At least one spouse must have lived in North Carolina for at least six months before the divorce complaint is filed.
  • Proper filing and service: The divorce starts with a verified complaint and the other spouse must be served (or accept service) so the case can move forward.

What the Statutes Say

Analysis

Apply the Rule to the Facts: No specific facts were provided, so two common timing scenarios help show the difference. If spouses have already been separated for at least one year and they cooperate with service and paperwork, an uncontested absolute divorce often moves quickly once filed because the court mainly needs proof of the one-year separation and residency. If spouses are not cooperating—such as refusing to accept service, disputing the separation date, or using the divorce case as leverage in fights about support or property—the practical time to reach a full resolution usually increases, even if the absolute divorce itself could be granted once the statutory requirements are met.

Process & Timing

  1. Who files: Either spouse. Where: District Court (Civil) in the appropriate North Carolina county. What: A verified Complaint for Absolute Divorce and a civil summons; then the other spouse must be served (or accept service). When: The complaint can be filed after one full year of living separate and apart, as long as the six-month residency requirement is met.
  2. Uncontested track (agree on everything): After service, the case typically waits for the required response period and then moves to a judgment process (often by paperwork and a brief hearing or review, depending on county practice). When the defendant does not contest and documents are correct, many cases finish in a relatively short period after filing.
  3. Contested track (do not agree): Disputes can require hearings, evidence, and additional filings. If the disagreement involves property division (equitable distribution), spousal support, or custody, those issues may proceed in separate but related cases and can extend the overall time before the entire breakup is fully resolved.

Exceptions & Pitfalls

  • Disagreement about the separation date: If one spouse claims the separation started later (for example, because the parties briefly lived together again), the divorce may be delayed while the court decides whether the one-year requirement has been met.
  • Living “separate” under the same roof: In North Carolina, living in the same home (even with separate bedrooms) usually does not satisfy “separate and apart,” which can push the timeline back.
  • Service problems: Difficulty locating a spouse or completing proper service can add significant time, especially if service by publication becomes necessary.
  • Property and support rights can be lost if not asserted before divorce: In many situations, the right to equitable distribution must be asserted before the divorce judgment is entered, or it can be waived. This timing issue often changes strategy and can affect how quickly a divorce should move.

Conclusion

In North Carolina, an absolute divorce based on separation generally cannot be finalized until the spouses have lived separate and apart for at least one year, and at least one spouse has lived in North Carolina for six months before filing. When spouses agree and cooperate, the divorce often completes within weeks to a few months after filing once the one-year separation requirement is met. The practical timeline often grows when spouses do not agree, especially if other disputes require hearings. The next step is to file a verified Complaint for Absolute Divorce in the appropriate county after one full year of separation.

Talk to a Family Law Attorney

If a divorce timeline depends on separation dates, service, or disagreements about property and support, experienced attorneys can help explain options, protect important claims, and keep the case moving. 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 your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have 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.