How Long Does It Take to Get Divorced in North Carolina?

When you’ve decided to end your marriage, one of the first questions on your mind is probably “how long will this take?” It’s a natural question. You want to move forward with your life, finalize financial matters, and establish stability for yourself and your children. Unfortunately, there’s no single answer that applies to everyone seeking a divorce in North Carolina.

The timeline for divorce varies significantly based on your specific circumstances, whether you and your spouse can reach agreements, and how the court’s schedule aligns with your case. What looks like a simple, straightforward situation at the outset can become far more complicated once the legal process begins. Understanding the factors that influence your timeline is a starting point, but every divorce involves legal requirements and potential pitfalls that are difficult to navigate without experienced guidance.

What Is the Minimum Waiting Period for Divorce in North Carolina?

North Carolina law requires couples to live separately for a specific period before they can file for divorce. This isn’t a short cooling-off period. The separation requirement is substantial, and there’s no way to speed it up or get around it.

What sounds like a simple requirement carries more legal nuance than most people expect. Questions about when the separation period actually began, whether it has been interrupted, and whether it has been properly established can all affect your ability to file, and in some cases, can affect other important legal rights as well. An attorney can help you understand exactly where you stand and ensure your separation is legally sound before you move forward.

How Does the Separation Period Affect Your Overall Divorce Timeline?

The separation requirement means that even the fastest, most straightforward divorce will take at least as long as the mandatory waiting period. If you and your spouse have already been separated for the required time when you decide to file, you can begin the divorce process immediately. However, if you’re just now separating, you’ll need to wait before you can even file the initial paperwork.

It’s worth noting that the separation period isn’t simply a waiting game. Important legal decisions often need to be addressed during this time, particularly if you have children or shared finances. Matters like child custody, child support, and property division have their own timelines, procedural requirements, and legal considerations. Actions you take, or don’t take, during the separation period can have lasting consequences on the outcome of your case. This is one of the reasons why speaking with an attorney early, even before you file, matters more than many people realize.

What Happens After You File, and Why Does It Get Complicated?

Once you’ve met the separation requirement and filed for divorce, the timeline depends heavily on whether your divorce is contested or uncontested, and the distinction between the two is more significant than it might seem.

In an uncontested divorce, both spouses agree on all major issues: property, debts, alimony, and if children are involved, all matters related to their care and support. Even in these situations, there are procedural requirements to follow, documents to file correctly, and deadlines to meet. A misstep in an uncontested case can cause delays, or worse, create legal problems down the road.

A contested divorce introduces a level of complexity that is genuinely difficult to overstate. When spouses disagree on significant issues, the court must resolve those disputes through a process that involves legal filings, hearings, potential discovery, and in some cases, trial. The more issues in dispute, the longer the process takes, and the more consequential each legal decision becomes. Trying to navigate a contested divorce without an attorney puts you at a serious disadvantage, particularly when the other side has legal representation.

What Factors Can Extend Your Divorce Timeline?

Several factors can extend how long your divorce takes, and many of them are not obvious until you’re already in the process.

Disagreements between spouses are the most common cause of delays. What starts as an amicable split can become contentious when the reality of dividing assets, determining support, or establishing custody arrangements sets in. Issues that seemed minor at the beginning of the process can become significant points of dispute once their financial or legal implications become clear.

Court scheduling adds another layer of uncertainty. Family courts handle a high volume of cases, and getting on the calendar for hearings or trial dates takes time, especially in busy counties like Wake County. Procedural requirements, mandatory waiting periods between certain filings, and administrative timelines all affect how quickly your case moves forward.

Complex financial situations require careful attention that takes time to do properly. Retirement accounts, real estate, business interests, and significant shared debt all involve legal and financial considerations that affect how your case is handled and how long it takes to resolve. Rushing through these matters can lead to agreements that seem acceptable in the moment but create serious financial problems later.

When children are involved and custody is disputed, expect additional time and care from the court. Custody decisions carry long-term implications for your children and for your co-parenting relationship for years to come. Those decisions deserve thorough legal attention, not a rushed resolution.

Why Does Working with an Attorney Make a Difference in How Your Divorce Unfolds?

The timeline of your divorce isn’t just about how quickly you can get it done. It’s about making sure that when it is done, the outcome actually serves your interests and protects your future. An attorney helps you understand what you’re entitled to, what the process requires, and where the risks lie at each stage.

At Kelly Thompson Family Law, we believe in being direct with our clients about what to expect. That means realistic conversations about timelines, honest assessments of your options, and straightforward advice about the potential consequences of the decisions you’re facing. We don’t create unnecessary conflict, but we also don’t let clients unknowingly give up rights or accept terms that aren’t in their best interest.

Because we’re a small firm, you work directly with an experienced attorney who knows North Carolina family law and the local courts. We keep our overhead low so we can offer quality legal representation at a price point that makes it accessible to people who might not otherwise be able to afford an attorney.
If you’re considering divorce, already separated, or unsure where to begin, contact our firm to schedule a consultation. The earlier you get sound legal guidance, the better positioned you’ll be for everything that follows.