What Is the Quickest Way to Get a Divorce in North Carolina?

Most spouses in Monroe who are dealing with unhappy marriages are thinking the same thing: “How can I get a divorce as quickly as possible?” It is an understandable question. After all, no one should have to spend their days in a relationship that makes them miserable. If you have never explored the concept of a divorce in North Carolina, you might be disappointed to hear that divorces can take a very long time. The Tar Heel State requires that all couples remain separated for at least one year before they can file for a divorce.

However, there are a number of methods and strategies you can employ to speed up the divorce process as much as possible. In addition, you can avoid a number of common mistakes that may make your divorce needlessly slow. Although the divorce process in North Carolina moves more slowly than it does in many other states, couples in Union County still have the potential to move on with their lives relatively quickly.

Of course, your first priority should always be to enlist the help of a qualified, experienced divorce attorney. With the help of one of these legal professionals, you can approach the divorce process efficiently. A knowledgeable divorce attorney can explain the overall process of a divorce, and they can also help you finalize it as quickly as possible.

If finalizing your divorce as quickly as possible is a top priority, the best-case scenario is clear. You will first want to complete your one-year separation period with no issues. This means absolutely no instances of cohabitation or resumption of marital duties. Stay apart, and do not give anyone a reason to claim that you and your spouse have gotten back together. Otherwise, the clock could go back to zero, and you would have to begin the one-year separation period all over again.

Second, you will want to aim for an uncontested divorce. This means creating a clear, concise, and well-drafted separation agreement that lays out every possible point of contention within your divorce. All issues related to child support, alimony, child custody, and division of property should be dealt with and agreed upon by both spouses before you even go to court.

With a separation agreement in place, all the judge needs to do is sign off on your divorce. No lengthy trial process is necessary, because both spouses agree on every aspect of their divorce. You will first file for a Complaint for Divorce, and your spouse will be served with this legal document. Assuming your spouse responds quickly, you can have your judgment of divorce issued and signed within 45 days. That is the best-case scenario.

If you and your spouse cannot come to an agreement, things get much more complicated, and the overall divorce process may take longer. In this situation, you and your spouse are unable to agree upon certain matters in your separation agreement. Because of this, you are left with no option but to go to trial and have these matters resolved by the court system.

Suddenly, your divorce is not just a matter of “going through the motions” and signing off on your judgment of divorce. Instead, you are now facing a process involving witnesses, evidence, appeals, and so on. This has the potential to add many months or even years to the overall divorce process.

There are many ways in which a spouse can intentionally slow down the divorce if they desire. Often, spouses do this because they do not actually want to get a divorce in the first place. Make no mistake, it is extremely difficult for spouses to contest a divorce in North Carolina. If one spouse wants a divorce, they need only file on the grounds of irreconcilable differences, and that is that. That being said, many spouses intentionally slow down the divorce process in an effort to delay the inevitable. They may think that by slowing down the divorce, they are increasing the chances of fixing the marriage.

If you have been searching Union County for a qualified, experienced divorce attorney, look no further than Arnold & Smith, PLLC. With offices conveniently located in Monroe, we are ready to assist you as you move on to the next chapter of your life. Thanks to a wealth of experience with contested and high-conflict divorces, we can employ a number of strategies to help you resolve and finalize your divorce as quickly as possible. We recognize that it is important for you to move on with your life, and we can help get you there.