Divorce by Summary Judgment - No Children - North Carolina 2025

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  1. Click ‘Get Form’ to open the Divorce by Summary Judgment document in the editor.
  2. Begin by filling in the case details at the top, including the file number and county. Ensure accuracy as this information is crucial for court processing.
  3. In the 'FINDINGS OF FACT' section, provide dates for when the verified Complaint was filed and when it was served to the Defendant. This establishes a timeline for your case.
  4. Complete each finding regarding residency, marriage date, separation date, and confirmation that no children were born of the marriage. Each detail supports your claim for divorce.
  5. In 'CONCLUSIONS OF LAW', confirm that you meet jurisdictional requirements and state your entitlement to an absolute divorce based on continuous separation.
  6. Finally, sign and date the document where indicated. Ensure both parties have agreed and approved before submission.

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Making decisions like moving out without a separation agreement, misusing marital assets, making big life changes, and badmouthing your spouse can all complicate the divorce process.
An action for divorce cannot be filed until one day following the running of the one year separation period. So, the answer to your question is that you cannot get a divorce in North Carolina without waiting for one year.
The absolute fastest way is with a 50--10(e) divorce by clerk (if your countys courthouse does them) combined with your spouse signing a couple waivers that reduce the 30-day window they would otherwise have to file counterclaims.
In order to be eligible to file for divorce, you must be separated for at least one year. There is no legal way around the one year separation requirement. So - No, you can not file now, at least not without wasting your time and money. Yes, you have to wait the year to divorce in NC.
North Carolina law presumes that an equal (50/50) division of marital property is equitable, or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.
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People also ask

A: The fastest way to get a divorce for most couples is to meet the states separation requirements by living separate and apart for one year. During this time, both parties can work together to come to an agreement on the terms of the divorce.
What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.
Choose a Collaborative Divorce This method speeds up the entire process by avoiding the trial process. Instead, you and your spouse will have the opportunity to negotiate a separation agreement in private with the help of your respective attorneys.

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