How to File for Divorce If You Live in Raleigh (NC) but Were Married in Another State

If you cannot locate your spouse, North Carolina law allows you to proceed with a divorce through a process called service by publication. This involves making a diligent effort to find your spouse, such as searching public records, contacting their known associates, or checking their last known address.

If these efforts are unsuccessful, you can file an affidavit with the court detailing your attempts to locate your spouse. The court may then permit you to publish a notice of the divorce in a local newspaper where your spouse was last known to reside. After the notice runs for the required period, typically once a week for three consecutive weeks, you can proceed with your divorce case, even if your spouse does not respond. This method ensures that you meet the legal requirements for notifying your spouse, allowing the divorce process to move forward.

While there is no way to bypass the mandatory one-year separation period required in North Carolina for an absolute divorce, certain steps can help expedite the process once you meet the eligibility criteria. To file for divorce quickly, ensure you and your spouse have been living separately for at least one continuous year and that you meet the residency requirement of living in the state for six months. Gather all necessary documents, including a properly completed divorce complaint and financial information, and ensure you file them accurately to avoid delays.

Choosing an uncontested divorce, where both parties agree on all issues, can also streamline the process by eliminating the need for prolonged court hearings. Working with an experienced attorney can further ensure that paperwork is handled efficiently and that you avoid common procedural mistakes.

In North Carolina, a spouse cannot prevent a divorce if the filing spouse meets the legal requirements. The state follows a no-fault divorce process, meaning that the only grounds for divorce are a one-year separation and the intent to end the marriage.

If one spouse refuses to participate or respond, the filing spouse can still proceed with the divorce by obtaining a default judgment. This involves serving the non-responding spouse with the divorce papers and waiting for the required response period to expire. After that, the court can finalize the divorce even without the other spouse’s participation. However, disagreements over issues like property division, child custody, or support may still require court involvement to resolve, potentially prolonging the overall process.