In North Carolina to file for Divorce you must meet one of the two requirements below. At Stephenson Law we can answer the many questions you may have about absolute divorce, divorce from bed and board, and annulments.
- Separation: First spouses are separated, by definition they cannot be living in two separate rooms in the same home, they must be living in two separate locations for at least one year and one day consecutively. When separated at least one of the spouses has to have the intention to end the marriage (the other spouse does not have to want to end the marriage to get an absolute divorce). The marital relationship cannot have been resumed at any point during the separation period. Isolated incidents of sexual intercourse between spouses is not enough to be considered resumption of marital relations - resumption of marital relations is determined by a number of circumstances that Stephenson Law can clarify through a consultation.
To prove separation one spouse's testimony, written and verified or given in person at the courthouse, stating the date the couple separated is typically enough proof. - Incurably Insane: The second ground for divorce is in the event that one spouse is incurably insane. In order to file for divorce, the spouses must have lived apart for three consecutive years because the diagnosis of insanity. After the three year separation the spouse who is not declared insane can file for divorce.
Read North Carolina statutes regarding absolute divorce in cases of incurable insanity.
The vast majority of the time divorce actions are filed after separation is for one year and one day. If there are no issues to be heard by the court, such as child custody, child support, alimony, equitable distribution (distribution of property acquired during the marriage or otherwise in dispute), spouses can have their case resolved and a judgment for divorce is typically achieve within two months.
For more information visit the NC Statute on Divorce.
Typically if other issues are still pending it is still possible to obtain a judgment for divorce. However, it is important to note that unless a claim for alimony has been filed with the court before the entry of a divorce judgment (that means, before the court grants the divorce) the right to alimony is lost. The same will be true regarding a claim for equitable distribution of property.
When filing for absolute divorce, a woman can file to resume use of her maiden name, the name of a living former spouse with whom she has a child or children with the same last name, or the name of a former spouse who is deceased. There is no extra cost for the name change if it is done at the time of divorce proceedings
At Schulz Stephenson Law we recommend you seek legal counsel prior to filing for a divorce yourself. There are many issues that must be addressed and many that our overlooked. Once you have filed for divorce you cannot go back and acquire income or property. For example: future income may include income from company pension plans, 410(k), IRA's and Social Security. Our job is to help you protect your rights.
