Can a person get divorce without the other party concent in Fayetteville, NC

Asked over 4 years ago - Fayetteville, NC

My husband told me that hes going to divorce me without me knowing about it. i told him i wasnt going to sign any paper and he said he doesnt need it cause its not necessary.
is this possible?

Attorney answers (2)

  1. Jason Scott Smith

    Contributor Level 9


    Lawyer agrees

    Answered . This response does not create an attorney/client privilege. To obtain a divorce in NC one of the two parties must be a resident for at least 6 months before filing the action. NC is a no fault divorce state, meaning that you do not need the consent of both parties. All that is required is separation for 1 year. As far as you signing papers, in NC there are no papers you would have to sign. The only thing signed would be an order and that would be signed by a judge. As for you not knowing about it, you would have to be served with the divorce complaint either by the sheriff's dept or via certified mail, return receipt requested. Seek a lawyer in your area. Good luck.

  2. Michael Douglas Shafer

    Contributor Level 20

    Answered . NC is a no fault state, just as California is. There is a one year wait period, but consent is not necessary.

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