It is relatively easy to obtain a divorce in North Carolina, so long as you can wait it out – you must be physically separated from your spouse for one full year before you can file for divorce in North Carolina (click here to find out how to proceed in the event that your spouse is refusing to go). Additionally, both of you needs to have resided in North Carolina for six months prior to the date one of you applies for divorce. look upN.C.G.S. SS 50-6. Let’s go through the two issue one at a. The first step (and sincere it’s usually the most difficult hurdle to getting divorce within North Carolina), you must prove to the court you were physically separated for a full year. This means, you aren’t able to have separate bedrooms within the same home. (We receive requests for this frequently). Additionally, either the spouse or you shouldn’t have left over the course of six months returned for a month and then went on to leave for six months. This will start the clock again, and you’ll not be able to divorce within North Carolina until you wait for a further year. One of the most frequent questions I get frequently asked about is whether engaging in sexual relations in with your partner during your separation can trigger the clock in your statutory time to reset. In accordance with North Carolina Statutes SS 52-10.2 it is not the case however you must be cautious not to “resume relationships with your spouse”. This means that one night of drinking and booze during your separation time will not be enough to stop the clock however, if it turns into routine, it could actually lead to the point of a return to marital relations. The second requirement is that either the spouse or you has to have resided in North Carolina for six months prior to filing the petition to file for Absolute Divorce. It is important to keep in mind in this case is that one of you could quit the state and be able to file for and receive divorced within North Carolina. But, if both you leave North Carolina prior to filing for divorce, you will not be able to obtain divorce from North Carolina. If you are able to satisfy those two criteria If you meet those two requirements, getting divorced is relatively simple. In simple terms the absolute divorce within North Carolina is simply a change in your legal status the day you’re married, the next day you’re not. There’s no division of property or child custody arrangements, nor spouse support (i.e. Alimony) to fret about during the divorce proceedings. However, that doesn’t mean there’s not a lot of implications and potentially severe consequences for the end of your marriage. You have to give up some important rights under the law, and you could lose your health insurance coverage if you are you are covered by your spouse’s insurance plan. Also, you will lose the right to ask for the support of your spouse or have the court split the marital property in case you do not have any of these claims after the decree of absolute divorce is issued.
To this end I strongly suggest that you speak with an experienced divorce or family law attorney prior to filing to get an absolute divorce North Carolina or immediately upon receiving a request for an absolute divorce by your spouse, or attorney. If you file your divorce in a timely manner and there aren’t any issues regarding service of process or if the Absolute Divorce is not contested The majority of Absolute Divorces can be granted within 60 to 90 days after filing. The most frequent cause to confusion for North Carolina is the distinction between an Absolute Divorce and the divorce of Bed and Board. A Divorce out of Bed and Board is a an based on fault process where the spouse who is injured can request the court to require the other spouse to leave the marital home, thus commencing the one-year separation.