Q: After signing a legal separation, how long does it take for an absolute divorce in NC? and can this be done online?
Both parties heave signed and notarized the separation agreement and have been separated for 2 years.
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A:
In North Carolina, once a couple has been legally separated for at least one year and one day, either party can file for an absolute divorce. The one-year separation period begins from the date the separation agreement is signed and notarized, or from the date the couple physically separates, whichever is later. After two years of separation, you are eligible to file for divorce.
Filing for divorce can be done online in North Carolina through the North Carolina Judicial Branch's eCourts system. However, this online filing option is available only in certain counties. If your county does not participate in the eCourts system, you will need to file your divorce papers in person at the county courthouse.
To file for an absolute divorce, you will need to complete the necessary forms, including a Complaint for Absolute Divorce, and pay the required filing fee. If you meet the residency requirements and have been separated for the required time, the court will likely grant your divorce.
It is recommended to consult with a local attorney to ensure you understand the process and requirements for obtaining an absolute divorce in your specific county, as procedures may vary slightly between counties.
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