1. How do I obtain a
divorce?
While obtaining a
divorce is not a complex process in North Carolina,
you must meet the following requirements and follow
these steps:
- You and/or your
spouse must live in North Carolina for at least six
months before filing the action for divorce.
- You
or your lawyer must file a divorce complaint with
the clerk of court in the county of your residence.
-
The divorce complaint must be delivered to your
spouse, either by the county sheriff or by certified
mail.
- After waiting a specified period either you
or your attorney can appear in court and obtain a
divorce. Once the judge signs the order, your
divorce is final, and you may remarry if you so
desire.
Complexity and issues arise when adding other
factors into divorce such as: child support, spousal
support, child custody, asset division, etc.
2. My husband
cheated on me. Do I automatically qualify for a
divorce in North Carolina?
North Carolina is a
"no-fault" divorce jurisdiction, so neither party
has to prove marital fault in order to obtain the
divorce. As long as you and your spouse have been
separated at least a year and your paperwork is
correctly processed through the judicial system, you
may obtain a divorce for any reason.
3. What is an
absolute divorce?
Absolute divorce is the
termination of a marriage. Either party can obtain
an absolute divorce in North Carolina once you and
your spouse have lived separate and apart for at
least twelve consecutive months. You do not need any
written document to show you separated on a given
date; you merely need to remember the date on which
you separated. You also need to be certain that at
least one of you, at the time of the separation,
intended for the separation to be permanent.
4. What happens if
my spouse and I reconcile briefly during the
one-year separation but still wish to obtain a
divorce after one year?
According to North
Carolina law: "Resumption of marital relations shall
be defined as voluntary renewal of the husband and
wife relationship, as shown by the totality of the
circumstances.” Isolated incidents of partnership
between the parties shall not constitute resumption
of marital relations. In other words, if you “get
together” with your spouse during the one-year
period but do not resume marital duties, such as
living together, you are still eligible to file for
divorce. If you and your spouse resume marital
status and re-cohabitate, you must wait until
one-year from the date of the second separation to
officially obtain a divorce.
5. What if my spouse
does not want the divorce?
You can obtain a
divorce whether or not your spouse wants to be
divorced, if you have been separated for one
continuous year and the paperwork has been correctly
processed. Therefore, contested divorces hold no bar
in North Carolina courts.
6. When do I need to
file for spousal support?
Alimony, or spousal
support, should be filed for before a divorce is
granted. Failure to bring an alimony claim before
entry of a divorce judgment will bar the right to
bring a claim for alimony after. In other words,
according to North Carolina law, “a judgment of
absolute divorce obtained by the dependent spouse in
an action initiated by him or her eliminates that
spouse's right to alimony unless a claim for alimony
has been asserted and left pending prior to the
judgment, either in that action or an earlier
action.”
7. Do I need an
attorney to obtain a divorce?
Although it is legal in
many states to obtain a divorce without
representation by counsel, it is always inadvisable,
because of the complex issues involved. A skilled
attorney can help you avoid personal and/or property
matters that may cost you money down the road, and
will represent your best interests in resolving any
financial complications that may arise.
For more information on
Divorce in North Carolina, please review the following
pages:
> Our Practice:
Divorce & Separation
> Informational Article:
Divorce
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