Raleigh, NC Divorce Attorney Office

Either the Plaintiff or Defendant must have resided in the state for six (6) months prior to filing for divorce in North Carolina.

In North Carolina, the parties must live separate and apart for one year and one day prior to filing a divorce. After the parties have lived separate and apart for at least one year, a party can petition the court for a divorce.

It is difficult to predict how long a divorce will take, as it is case by case. However, once the opposing party is served, that party has 30 days to file responsive pleadings or waive his/her right to file a response before the court can enter a final divorce decree.

A party can serve the opposing party by sheriff of the county where service is to be completed or by a duly authorized person, registered or certified mail, or by a designated delivery service.

You may serve by publication, but only after you attempt to serve the opposing party by personal service, registered or certified mail, or other authorized delivery service. A local newspaper that is qualified for legal advertisements in the area that the opposing party is believed to reside or, if unknown, in the county where the action is filed can be contacted for this purpose.

In North Carolina, the initiating party must first file a Complaint to initiate the divorce action. A Summons must also be properly filed to initiate a divorce action.

A party residing in Wake County will go the Wake County Courthouse to file his/her divorce complaint. The Wake County Courthouse is located at 316 Fayetteville St. in Raleigh.