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In NC you must be separated for at least one full year before you can file for divorce.
You will, however, need to satisfy the court that the marriage has broken down irretrievably or that other grounds exist for the granting of a divorce, for example, mental illness. While you do not have to obtain your spouses consent, you are still required to notify your spouse of your intention to get divorced.
A judgment of absolute divorce obtained by the dependent spouse in an action initiated by him or her eliminates that spouses right to alimony unless a claim for alimony has been asserted and left pending prior to the judgment, either in that action or an earlier action.
To succeed with an application for summary judgment, the plaintiff had (and still has to) demonstrate that the defendant had no bona fide (or genuine) defence and thus the notice to defend had been entered solely for purposes of delay. The defendant on the other hand has to demonstrate that the converse is true.
You have 30 days after service in North Carolina to respond. If you dont, the divorce can proceed in default. You may lose your right to claim alimony (spousal support). Plus, you give up your right to contest property division and equitable distribution of assets.
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People also ask

How long does a divorce take in NC? Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced.
You are eligible to file for divorce, also called an absolute divorce, only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.
While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.
Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.
An Introduction to Summary Judgment In North Carolina Summary judgment is a way for the court to dispose of claims that the plaintiff (the party bringing the lawsuit) cannot prove or that the defendant (the party against whom the lawsuit was filed) cannot contradict.

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