Is There a Simplified Process for Getting a Divorce?

Getting a divorce is almost always stressful and even overwhelming. This is because divorce isn’t just about two people going their separate ways – it also means trying to figure out how to separate their finances and property and, often, how to co-parent their children.

Certain rules and guidelines must also be followed by couples to obtain a divorce successfully, which can cause intense pressure. However, we often tell our clients who are struggling with their divorces that they don’t have to go through the legal process alone. We can help.

What is an absolute divorce?

An absolute divorce, sometimes referred to as an uncontested divorce, is when both parties are seeking a divorce, but they typically agree on everything, are not asking for any alimony, and do not need to go through a difficult or rigorous property division process. If you and your spouse typically get along and do not think there will be any huge disagreements or disputes, an absolute divorce may be a good choice.

What are the requirements to get an absolute divorce in Charlotte, NC?

There are two main requirements to get an absolute divorce in Charlotte, NC, which include:

1. You or your spouse have lived in North Carolina for at least six months.
2. You and your spouse have been separated for at least one year. This means you must have been living under two separate roofs for a consecutive period of 12 months.

Remember that when filing for an absolute divorce, you do not need to prove any wrongdoing has occurred. If you do not wish to prove wrongdoings occurred, this can also help simplify your divorce process. The only information that will be needed is a document showing when you and your spouse began living apart and whether or not the separation was known to be permanent. If there are any signs of you and your spouse living together again during the separation period, the court could decide to reset the separation period and require you to wait another 12 months before being granted a divorce.

Does an absolute divorce take a long time?

Absolute divorces typically take a short time. Most couples who choose this simplified process can expect to obtain a divorce within a few months after being separated for one year. While some may want it to be even faster than that, there are still several steps that your absolute divorce will need to go through, which can take some time.

What are the steps of an absolute divorce?

The following are the steps that you must follow to get an absolute divorce:

File the divorce complaint: Filing a divorce complaint involves completing many forms and paperwork and turning everything in to the Clerk of Court. You must also pay a fee to proceed with the divorce. Most of the forms and paperwork you turn in must be notarized, sworn, and approved before the divorce complaint is considered. A divorce lawyer can help you stay organized, complete everything, make copies, and ensure all deadlines are followed to remain on schedule.

Serve the complaint to your spouse: Once the complaint is completed and turned in, it must be served to your spouse. You are not legally allowed to hand the complaint to your spouse yourself. Instead, you can request that a sheriff or another person who is over the age of 18 serve the complaint to them. The other option is to send it by certified mail.

Wait patiently: After your spouse officially receives the divorce complaint, they have up to 30 days to respond. There is nothing you can do during this step but wait patiently. Your spouse’s response will likely state whether they acknowledge the divorce complaint and what requests or demands they have.

Request a court hearing: Once you receive your spouse’s response, you can request a court hearing. This waiting period is another 30 days. After the 30-day waiting period is over, your court hearing will be scheduled.

Negotiate your settlement: Most couples seeking an absolute divorce have discussed property division and settlements. However, if you and your spouse have not, you must take the time to do so. Yours and your spouse’s lawyer can help ensure you both feel heard and treated fairly during this step. The top factors to think about are child custody, child support, and important assets or belongings. If you do not develop an agreement on these factors, the judge may require mediation to help you reach an official agreement.

Receive the official divorce order: This is one of the most relieving steps of the absolute divorce process for couples. The judge will review all paperwork, documents, and records and ask you to verbally state that you agree to the settlement negotiations you created. They will officially announce your divorce if there are no disputes or disagreements. The divorce order will be signed at the court hearing when it is considered final.

Is hiring a Charlotte divorce lawyer required to file for an absolute divorce?

No, hiring a divorce lawyer is not required to file for an absolute divorce. However, if you have never been through the divorce process before or want to ensure that your rights and best interests remain at the forefront, you should strongly consider hiring a divorce attorney as soon as you begin thinking about or learning of your spouse’s intentions to divorce. A divorce attorney can guide you through the entire process, answer any questions or concerns, keep you updated, handle any emerging issues, and more.

The Charlotte divorce attorneys at Epperson Law Group know and understand that divorces can be long, drawn out, and even unbearable. You may want to take the time to clear your mind and focus on happier things, but know that the divorce process will not handle itself. We work to help you find the most straightforward, quickest, and easiest way to obtain a divorce and make sure that your best interests are protected at all times. Please call our office or submit our contact form to schedule a consultation in Charlotte, Weddington, Concord, or Boone today. We look forward to meeting you and learning how we can assist you soon!