Attorney Matthew R. Arnold answering the question: “How long does getting a divorce take?”
Late last month, legislators in North Carolina took an unusual step to impose a two-year waiting period on divorce. The decision caused a stir not only in North Carolina, but across the country with articles laughably discussing the legislature’s move to meddle in marriages. Beyond imposing a two-year waiting period before a divorce can be granted, the bill, Senate Bill 518, would also require that couples who are considering divorce go through marriage counseling before the judge can officially sign off on the dissolution of the marriage.
The act, knowing as The Healthy Marriage Act, has been designed to strengthen the institution of marriage according to its Republican supporters in the state legislature. The measure would replace the current one-year separation that is in place before a couple can officially receive a divorce. The Act says that couples would be permitted to either live together or apart during the waiting period, with cohabitation not preventing the clock from ticking.
The legislation specifically states that before a divorce can take place, one spouse would have to submit a written notice to the other spouse notifying the other party about his or her intention to file for divorce. This would then begin the two-year countdown. During this interim period, the couple would be required to take classes about bettering their communication skills and improving their conflict resolution abilities. The Healthy Marriage Act does not require that the couple attend the classes together; each can take the courses on his or her own. If the couple has children there are even more hurdles that must be jumped through, including a four-hour course that discusses the impact of divorce on children.