Absolute Divorce

In North Carolina the term Absolute Divorce is used to signify the end of a marriage. This is the way that the Court terminates the marital bonds between spouses. The absolute divorce does not resolve any other issues between spouses. The North Carolina Courts are given the authority to grant an absolute divorce to a party upon one of two grounds:

  1. being separated continuously for a period of at least one year, or
  2. incurable insanity with a separation period of at least three years.

Neither party has to show fault in the state of North Carolina to be granted an absolute divorce.  “Separation” means that spouses are living in separate residences and at least one party has an intent to remain separate.  

To file for an absolute divorce in North Carolina one party must also be a resident of the state for the previous six months before filing. In the court filing a woman may also request and obtain the right to resume the use of her maiden name or pre-marital surname, should she chose to do so.

There may be other issues involved in your matter, such as child custody, child support, property division, and spousal support that need to be considered prior  to the absolute divorce filing. These other issues may resolved through the entry of a parenting agreement and/or a separation and property settlement agreement. Alternatively, the parties can also file an action with the Court, for assistance in resolving issues.  In either case, it is important that these other issues are either resolved or pled prior to the entry of an absolute divorce judgment. There are some claims that are lost upon the entry of an absolute divorce judgment, if not properly reserved. Our experienced attorneys can help you identify and determine what other issues exist to ensure  your claims are preserved.

While the process for obtaining an absolute divorce in North Carolina may appear to be a simple process, significant legal consequences can exist. Our divorce team of attorneys are Board Certified Specialists in Family Law, specially trained Collaborative Divorce Professionals, and experts in Adoption in North Carolina. Whether you believe your divorce to be simple or complex, no divorce is easy.   An experienced attorney can help you understand the long-term impact your decisions may have. Collectively, our team brings a century of legal experience to your family law matter. Call our family law team at 336-379-1390 to schedule your consultation today.

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