Divorce

“Absolute divorce” is simply the legal terminology for “divorce” and is granted in North Carolina after one year of separation. North Carolina is a “no-fault” divorce state, so neither you nor your spouse is required to prove any marital wrong-doing.

Separate and apart means ceasing cohabitation which includes residing in different living quarters.

One year and one day after separation began, you may file a complaint for an absolute divorce with the Court. The complaint requires that the spouse filing the complaint verify that they have been a resident of the state for a least six months prior to the filing. It will also include, among other things, whether or not there are children of the marriage and if they are minor children.

It is important to understand that if claims for certain rights are not filed before entry of the divorce decree occurs, entitlement to those rights are lost

If the parties cannot reach agreement and some matters remain unsettled, a trial will be necessary. In this event, each party will present their case in court and a judge will make a final decision on the issues.

A judgment of absolute divorce can have costly consequences – both materially and emotionally – if not handled properly. Whether your case is simple or complex, you want to make sure you do not waive any of your rights.