Can One Spouse Delay or Stop a Divorce in Raleigh, North Carolina?

One of the most common questions we hear from divorcing couples during separation is whether or not their partner can refuse to “sign the divorce papers” and stop the divorce from happening.

The short answer: no. In North Carolina, one spouse generally cannot permanently block a divorce once the legal requirements are met. However, a spouse can delay the process, sometimes significantly, and it happens more often than you might expect. 

If you are considering divorce in Raleigh, Cary, Durham, Chapel Hill, or elsewhere in the Triangle, it helps to understand how North Carolina divorce law works and what can slow the process down. Keep reading to learn how to get your divorce over and done with as quickly as possible.

North Carolina Is a No-Fault Divorce State

North Carolina is a no-fault divorce state. This means you do not need to prove adultery, abandonment, cruelty, or other marital misconduct to obtain a divorce.

Instead, to qualify for an absolute divorce in North Carolina, you generally must show:

• You and your spouse have lived separately and apart for at least one year
• At least one spouse intended for the separation to be permanent
• One spouse has lived in North Carolina for at least six months before filing

Once these requirements are met, one spouse can move forward with the divorce even if the other spouse does not agree.

Can My Spouse Refuse to Sign Divorce Papers?

A spouse can (and often do) refuse to cooperate, but they usually cannot stop the divorce entirely. It’s a common misconception that, in a no-fault divorce, both spouses must “agree” to the divorce. In reality, North Carolina courts can grant an absolute divorce regardless of one party’s resistance.

This means that even if one spouse doesn’t want to end the marriage, refuses to sign divorce papers, or even ignores the divorce lawsuit altogether, this will not prevent the divorce from actually occurring. As long as the filing spouse properly follows North Carolina legal procedures, the court may still finalize the divorce.

Ways a Spouse May Delay a Divorce in North Carolina

Although spouses can’t permanently block a divorce, there are several ways the process may be delayed.

1. Avoiding Service of Process

After filing for divorce, the other spouse must be formally served with a complaint for absolute divorce.

Because the service of the complaint involves physically handing it to the opposing party and confirming their receipt, some spouses attempt to delay the case by:

• Avoiding certified mail
• Refusing to answer the door
• Ignoring process servers
• Changing addresses

However,  Wake County judges are generally familiar with these tactics. As such, North Carolina law provides alternative service methods when a spouse cannot be located or avoids service intentionally. After statutory requirements are met, a spouse can be served by “publication” if the other methods of service are unsuccessful.

2. Disputes Over Separation Dates

North Carolina requires spouses to live separately for at least one continuous year before filing for divorce. Generally parties do not dispute the date of physical separation, but, in a contentious divorce, some spouses may not be as amicable.

Disagreements sometimes arise about when separation actually began or whether or not spouses reconciled at any time during the separation, which would reset the separation date. If one spouse argues the one-year separation requirement has not been met, the divorce may be delayed until the issue is resolved.  In these cases, a Wake County judge would schedule a “contested divorce hearing” and after hearing testimony decide on the date of separation.

3. Fighting Over Property, Custody, or Support

In some states all of the financial and custody issues need to be resolved before the divorce can be entered but in North Carolina the divorce is separate filing and can proceed once the date of separation requirements are met. While other issues are still pending the court will often reference in the divorce judgement that “issues of equitable distribution or alimony shall be preserved for hearing at a later time.” The absolute divorce can be granted while alimony and equitable distribution are still pending. 

In many Raleigh divorce cases, the legal divorce itself may be straightforward while financial disputes continue for months afterward. Your best defense against this is hiring an attorney who can help you move the process forward. 

4. Filing Motions and Continuances

Delays can also happen legally through the court system itself. One spouse may request delays by:

• Filing procedural motions
• Asking for continuances
• Asking for extension of time
• Contesting whether service was proper

Some delays are legitimate. Others may simply be attempts to slow the process emotionally or financially. Similar to other delay tactics, an experienced Raleigh divorce lawyer can help keep the case moving forward efficiently by knowing exactly how to respond to these filings.

What Happens If My Spouse Never Responds?

If your spouse fails to respond after being properly served, the court may eventually proceed without them. This is sometimes called an entry of default.

As long as the legal requirements are satisfied, the judge may grant the divorce even if the other spouse never participates or responds. After 30 days have elapsed after the service of the complaint all of the allegations are deemed admitted if no response. 

Can a Spouse Stop a Divorce Because of Religion or Personal Beliefs?

No. Personal objections, religious beliefs, or emotional opposition generally do not prevent a North Carolina court from granting a divorce once statutory requirements are met.

While these situations can be emotionally difficult, the court’s primary focus is whether legal requirements have been satisfied.

What If My Spouse Wants Reconciliation?

Sometimes one spouse hopes the marriage can still be saved while the other spouse wants to move forward with divorce.

North Carolina law does not require both spouses to agree to end the marriage. If one spouse decides to proceed after the one-year separation period, the court may still grant the divorce. The one year of separation will have to start over if you and your spouse fully reconcile however by living together again as spouses.

FAQ: Delaying Divorce in North Carolina

Can my spouse stop me from getting divorced in Raleigh?

Usually no. If you meet North Carolina’s legal requirements for divorce, your spouse generally cannot permanently block the divorce.

What if my spouse refuses to sign the divorce papers?

Your spouse does not have to sign or agree to the divorce for the court to grant it. Your spouse only needs to receive the divorce through proper service under Rule 4 of the NC Rules of Civil Procedure.

Can avoiding service delay the divorce?

Possibly, but courts allow alternative service methods if a spouse intentionally avoids being served.  If you attempt service multiple times and are unsuccessful you may be eligible for to serve your spouse through service by publication in a widely circulated newspaper.

Can divorce happen without going to court?

If you hire an attorney to handle your uncontested divorce then neither spouse will need to appear in court in Wake Durham or Orange counties. If you represent yourself in the absolute divorce which is called “pro se” then you will need to appear and testify to the dates listed in the complaint. A consultation with a Rosen attorney can help you figure out which way is best for you.

What if we briefly got back together during separation?

Reconciliation may affect the required one-year separation period depending on the circumstances, but will not prevent you from being able to get divorced after that one year separation period is met. Reconciliation generally means living together as spouses in the same house but the court is allowed to look at other circumstances as well. 

Can alimony or property division continue after divorce?

Yes, but only if those claims (lawsuits) were properly filed and preserved before the divorce became final. It is critical to have an attorney review your divorce filing if alimony and property have not yet been resolved.

Key Takeaways

• North Carolina is a no-fault divorce state
• One spouse cannot permanently block a divorce
• Property division, custody, and alimony can be handled separately from the divorce
• Proper legal guidance is important before finalizing divorce 
• Alimony and Property division can be barred if not preserved at time of divorce

Going through divorce can feel overwhelming, especially when one spouse is uncooperative or attempting to delay the process. Our Raleigh divorce attorneys help clients throughout Wake County and the Triangle protect their rights and move cases forward efficiently.

If you are considering divorce in Raleigh, Cary, Durham, or Chapel Hill, contact Rosen Law Firm or call us at (919) 787-6668 to discuss your options and next steps.

Lisa Angel

Lisa  is a leading figure in North Carolina’s family law field, dedicated to guiding clients through challenging times with compassion and expertise. As the President and Owner of Rosen Law Firm, P.A., Lisa has built a successful practice specializing in divorce, child custody, child support, alimony, equitable distribution, and domestic violence. She has been a North Carolina Board-Certified Specialist in Family Law since 1998.

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