Absolute Divorce In North Carolina
In North Carolina, an absolute divorce (also called a “Simple Divorce”) is the legal process that officially ends a marriage. An absolute divorce legally terminates the marriage, allowing both parties to remarry if they choose to do so.
To file for an absolute divorce in North Carolina, at least one spouse must have lived in the state for at least six months prior to the filing. The filing spouse must also have been living separate and apart from their spouse for at least one year, with the intent to permanently end the marriage. If at any point during the one-year separation the parties reconciled or moved back in together, the one year separation starts all over again.
North Carolina is a “no-fault” divorce state, which means that the filing spouse does not have to prove that their spouse was at fault for the ending of the marriage. Instead, the only requirement is that the couple has been separated for at least one year and at least one of the parties intends to terminate the marriage.
It is important to know that an absolute divorce has very specific deadlines that must be followed. If these deadlines are not met or complied with, the divorce may be dismissed, and the filing party will be forced to start all over again. It is also important to know that an absolute divorce does NOT address things like property division, spousal support, child custody, and child support. If those are at issue or unresolved, it is important to speak with a Wilmington, North Carolina divorce attorney to explore your options.
Overall, the process for obtaining an absolute divorce in North Carolina can be complicated and may require the assistance of an experienced North Carolina family law attorney. If you feel that you may be eligible for an absolute divorce but are not quite sure, it is crucial that you speak with an experienced Wilmington, North Carolina family law attorney. An experienced attorney can provide legal advice, inform you of your rights, explain the process for obtaining an absolute divorce, and explain the benefits of hiring an attorney.