Marriage is often seen as a lifelong commitment, but sometimes newlyweds quickly realize they’ve made a mistake. This raises a big question: Can you get divorced the same day you get married? In North Carolina, the answer is a clear no due to the state’s strict divorce laws. 

Unlike some states that offer quick divorce options, North Carolina requires couples to be separated for at least one year and one day before they can file for an absolute divorce. However, there are limited legal options that may apply in certain situations.

Below, find information on North Carolina’s divorce laws, the challenges of ending a marriage quickly, and what legal options exist for those seeking an immediate resolution.

Understanding Divorce Laws in North Carolina

When it comes to divorce, North Carolina has specific legal requirements that couples must meet before ending their marriage. Two key factors that play a significant role in the process are residency requirements and the mandatory separation period.

Residency Requirements

Before filing for divorce in North Carolina, at least one spouse must have been a resident of the state for a minimum of six months. This rule ensures that North Carolina courts have jurisdiction over the case, preventing couples from moving to the state solely to obtain a divorce.

Mandatory Separation Period

North Carolina law requires spouses to live separately and apart for at least one year and one day before they can file for an absolute divorce. This means:

• The couple must live in separate residences. Remaining under the same roof does not count as separation.
• At least one spouse must intend for the separation to be permanent when it begins.

This waiting period is a strict legal requirement, meaning that even if both parties agree on the divorce, they must complete the one-year separation before filing.

Annulment: An Alternative to Divorce?

For couples who regret their marriage immediately, annulment may seem like a possible alternative to divorce. However, annulments are much rarer than divorces and require specific legal grounds to be granted.

Definition of Annulment

Unlike a divorce, which legally ends a valid marriage, an annulment can treat  the marriage as if it never legally existed. If an annulment is granted, both parties return to their pre-marriage legal status, and the marriage is erased from a legal standpoint. However, not all marriages qualify for annulment.

Qualifying Grounds for Annulment in North Carolina

North Carolina law allows annulments only in specific and limited circumstances. A marriage may be annulled if it involves:

• Bigamy – One spouse was already legally married to someone else.
• Incest – The spouses are close blood relatives
• Underage Marriage – One spouse was under the legal age to marry and did not have parental consent.
• Mental Incapacity – One spouse lacked the mental capacity to understand the nature of marriage at the time of the wedding.
• Fraud or Duress – One spouse was tricked, forced, or coerced into the marriage under false pretenses.

Challenges in Obtaining an Annulment

Annulments are difficult to obtain because the legal grounds are more difficult to prove in court.. Unlike a divorce, which only requires proof of separation, an annulment requires evidence as to why the marriage should not exist.. 

In most cases, couples who do not meet these strict annulment criteria must pursue a traditional divorce instead.

Legal Options If You Regret Your Marriage Immediately

Realizing a marriage was a mistake so early on can be overwhelming, but in North Carolina, immediate divorce is not an option. If annulment isn’t possible, couples must follow the state’s divorce process, which includes a mandatory separation period. 

Here are the legal steps you can take if you want to end your marriage as soon as possible:

Legal Separation

Since North Carolina requires a one-year separation before filing for divorce, couples who regret their marriage immediately should start living apart as soon as possible to begin this waiting period. Keep in mind:

• You and your spouse must live in separate residences.
• At least one spouse must have the intention of making the separation permanent.
• The one-year clock begins on the day you physically separate.

During this time, you may also consider creating a separation agreement, which outlines how finances, property, and responsibilities will be handled while awaiting divorce.

Divorce from Bed and Board 

If one spouse refuses to leave or if the marriage involves misconduct, Divorce from Bed and Board may be an option. 

Despite its name, Divorce from Bed and Board is not a full divorce. It is a court-ordered legal separation. It requires proof of abandonment, cruelty, adultery, substance abuse, or other misconduct. 

If granted, it can force a spouse out of the home and impact future divorce proceedings. Since this type of separation is a fault-based legal action, consulting a lawyer is essential.

Domestic Violence Protective Orders

If your marriage involves domestic violence, you can seek a Domestic Violence Protective Order, also known as a 50B order, to protect yourself from an abusive spouse. 

A Domestic Violence Protective Order can order your spouse to stay away from you and your home, grant temporary custody of children, and restrict contact.

A temporary Domestic Violence Protective Order can be issued immediately if there is evidence of abuse. A full hearing would be scheduled within ten days for a longer-term order. 

If you are in danger, seeking legal help and filing for a protective order should be your top priority.

Seeking Legal Advice

Because North Carolina has strict divorce and annulment laws, consulting a family law attorney is the best way to explore your options. A lawyer can:

• Determine if you qualify for an annulment.
• Help you draft a separation agreement.
• Guide you through Divorce from Bed and Board if necessary.
• Assist in filing for a Domestic Violence Protective Order if safety is a concern.

While ending a marriage in North Carolina can take time, understanding your legal options early can make the process smoother and less stressful.

The Bottom Line

While some states allow for quick divorces, North Carolina’s strict laws make it impossible to get divorced the same day you get married. The one-year separation requirement ensures that couples take time before legally ending their marriage. 

For those seeking a faster resolution, options like annulment, Divorce from Bed and Board, or Domestic Violence Protective Orders may apply in certain situations, but each comes with specific legal criteria.

If you regret your marriage right away, the best course of action is to begin living separately as soon as possible and seek guidance from a family law attorney. 

An experienced lawyer can help you explore your legal options, protect your rights, and ensure a smoother path forward. While the process may take time, understanding your legal rights early on can make all the difference in securing a fresh start.

Let New Direction Family Law Assist You

With over 80 years of combined experience, the attorneys at New Direction Family Law are here to guide you through divorce, answer your questions, and provide the guidance you need.

At New Direction Family Law, we help clients across Wake, Durham, Johnston, and surrounding counties navigate divorce with professionalism, trust, and experience. Reach out today to schedule a consultation by calling 919-719-3470.