If you are considering a divorce, or have been served with divorce documents, it is critical that you contact a lawyer right away. You have a limited amount of time to take action to protect your interests during the divorce process.
What is Absolute Divorce?
Absolute divorce is what we commonly think of when a married couple divorces. The marriage is dissolved and the divorce is final, or absolute.
Either spouse can file for an absolute divorce in North Carolina. Because North Carolina is a “no fault” state you do not need a reason to divorce, but you must meet certain requirements.
- At least one of the spouses must have lived in North Carolina for at least six months
- Both spouses must have lived separate and apart from each other for at least one year and a day before filing for an absolute divorce
- At least one spouse must have the intent to not resume the marriage or resume living together during the period of separation
No additional requirements, including fault of either party, must be shown to the court for an absolute divorce.
Neither party is required to file for “legal separation” as the physical act of living separate and apart qualifies as separation for an absolute divorce.
While the requirements for an absolute divorce are minimal, the accompanying issues such as child custody, spousal support, and property division can be challenging. Contact an attorney as soon as possible if you are considering divorce since you want to make sure you protect your interests and your financial future.