Ending your marriage can be an exhausting and overwhelming process, especially when you’re just ready to start the next chapter of your story. While a divorce may be what’s necessary for your family to find peace, you may not know how long it will take to get to that next chapter. Cary divorce attorney Jonathan Breeden can explain what you can expect in a step-by-step process, and work with you to answer your questions along the way.
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The North Carolina Divorce Timeline
Does the Kind of Divorce Affect How Long It Takes?
In North Carolina, you can either have a contested or uncontested divorce. A divorce is a negotiation between the soon-to-be exes. They have to agree on the terms of the divorce, discussing issues like child custody, alimony, or child support. By their nature, an uncontested divorce will take less time than a contested divorce because they already have these issues cleared up. A judge still has to approve the terms of an uncontested divorce, but these matters are wrapped up much quicker than a contested divorce typically takes.
Examining the NC Divorce Process
Divorces can be complex. There can be several hurdles that complicate matters as you try to end your marriage, even if your spouse is cooperating with the court and your divorce lawyer. These are the steps a typical divorce will take:
Filing of the Petition for Dissolution of Marriage
Step one of the divorce timeline is filing your petition for the dissolution of your marriage. Here, you will officially file your request to end your marriage. Once you have filed your divorce petition, the divorce timeline will officially begin.
Temporary Orders
When filing your petition for the dissolution of your marriage, you may feel the need to seek temporary orders. These orders may be necessary to decide how your finances will be shared during the process, what your custody plan should be until the divorce is finalized, and where each spouse will live during divorce proceedings. These orders last until your divorce is finalized, which could be months or, in some cases, may need to be modified even before you receive a decree.
Discovery
In this phase, you will begin building your case against your spouse. This involves requesting and collecting information from your spouse, parenting evaluations, mental health evaluations, and other important divorce issues. This can take six months or longer, depending on the other party’s cooperation.
The Settlement
This phase is where you will work with your spouse to agree upon the division of your marital property and assets, child custody plans, alimony, and more. Generally, the settlement phase can last up to two months if your case is brought to court and unable to be resolved through mediation.
Preparing for Trial
When settling the terms of your divorce is not possible, you may need to bring your case before a judge to finalize your divorce. Preparing all evidence collected during the discovery phase and going over your testimony and that of your witnesses will be pertinent during the preparation stage. Preparing for trial can take as much as two months or more.
Trial
At trial, you will have the opportunity to present evidence and argue for the most favorable outcome in your case. Trials can last a couple of days or several weeks, depending on the complexities of your divorce settlement.
FAQs About Divorce Timelines in NC
Are Mediations and Collaborative Divorces Faster?
Yes, these methods are faster than contested divorces. Mediation and collaborative divorce are great ways to finalize divorce proceedings promptly. However, the timeline for this process relies on the cooperation of both parties. Your petition for the dissolution of your marriage won’t be filed until both parties reach an agreement. Issues can be resolved through litigation if negotiations break down.
Why Do I Need to Work with a Divorce Attorney?
While it’s possible to get a divorce without an attorney, this method is risky. It’s likely that your spouse will work with an attorney of their own. It’s also possible that you could miss a filing deadline or complete a form incorrectly. Finding the right divorce lawyer can grant you peace of mind. They can coordinate your pre-trial and courtroom appearances, complete your forms, and collect evidence to protect your family’s future. A good divorce lawyer is not just someone you talk to, but who works with you as you fight for the next chapter.
Is There Any Way to Make My Divorce Go Faster?
There is not a way to speed up the contested divorce process. If you choose to pursue an uncontested divorce, the process will be much quicker, but your efforts can be thwarted if your ex chooses not to cooperate. A divorce attorney will help you keep the process as short as possible.
What if I Have to Pursue a Contested Divorce Because My Spouse Doesn’t Want to Get Divorced?
As long as you and your spouse meet necessary separation requirements, you do not need your spouse’s consent to divorce. Although your spouse could delay the divorce process, they cannot prevent the divorce from happening.
Get Help from a Divorce Lawyer in North Carolina
If you have additional questions or concerns surrounding the divorce timeline in your case, make sure you have a trusted legal advocate on your side.
Meet with a reputable North Carolina divorce lawyer at Breeden Law Office to get started on your divorce proceedings. When you are ready to schedule your initial consultation, fill out our quick contact form or give our office a call at 919-661-4970.
