FAQ Topics
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Divorce
How much does divorce cost?
In North Carolina, the filing fee for an absolute divorce is $165.00. A lawsuit making a claim for an Absolute Divorce (and possible resuming a person’s maiden name) is based on the lawyer’s hourly rate unless otherwise advised by Sodoma Law.
How long does it take to get divorced?
In North Carolina, once a Claim for an Absolute Divorce is filed and served on the opposing party, it typically takes sixty (60) days for the Absolute Divorce Judgment to be entered.
Is my divorce final?
Generally speaking, once a divorce judgment is entered, it is final.
Do I need a legal reason to get divorced in North Carolina?
No. North Carolina is a “no fault” divorce state, meaning you and your spouse can get divorced without citing a reason. The only requirement is that you have to be separated (meaning living separate and apart in separate residences) for one year prior to filing your Complaint for Absolute Divorce.
Can I get divorced even if my spouse does not want to?
Yes, you can. Your spouse does not have to “agree” or “sign the papers” in order for you to obtain a divorce. However, you must live separate and apart for at least one year and properly serve your spouse with a Complaint for Absolute Divorce. It is important to remember that an Absolute Divorce is simply a document ending your marriage and allowing you to marry someone else. It does not settle other legal issues you may have outstanding with your spouse, such as custody, child support, alimony, property division, etc. It is important to talk to your attorney if you choose to pursue a divorce action before resolving some of these issues as you may waive certain claims.
Do I need an attorney to get divorced?
Although you can file for divorce on your own, it is always best to consult with an attorney to guarantee that your legal rights are protected. Without representation parties take the chance of losing out on critical financial, property, custody and other important rights. At Sodoma Law, one of our experienced staff attorneys can provide legal advice to ensure your rights are protected.
Can't we just wait and file for divorce?
Yes. You can. However, if you fail to make claims for alimony and equitable distribution prior to a divorce judgment being entered, you may waive the right to do so.
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