Divorce FAQs
- What steps are involved in obtaining a divorce?
- What steps are involved in obtaining a divorce? Divorce, as distinguished from child custody, child support, alimony and property distribution, is not a complex process in North Carolina. Either you [...]
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- What are the grounds for absolute divorce in North Carolina?
- What are the grounds for absolute divorce in North Carolina? There are only two grounds for divorce in North Carolina. The first is a one-year separation. You must assert, under oath, that you and [...]
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- Does North Carolina grant divorces based on marital fault?
- Does North Carolina grant divorces based on marital fault? North Carolina is a "no-fault" divorce jurisdiction, so neither party has to prove marital fault in order to obtain the divorce [...]
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- Can I change my name at the time of divorce?
- Can I change my name at the time of divorce?North Carolina law allows a spouse, in conjunction with a divorce, to take a name other than the current spouse's last name. You would petition for the [...]
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- Can I get an annulment?
- Can I get an annulment? Generally the answer to this question is no. Annulments are available only in limited circumstances in North Carolina. These circumstances include all marriages between any [...]
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- What is an absolute divorce?
- What is an absolute divorce? In North Carolina, "absolute divorce" signifies nothing more than the termination of the marriage bond that was created by your wedding ceremony and marriage [...]
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- When can I file for absolute divorce? What is verification of a divorce complaint?
- When can I file for absolute divorce? What is verification of a divorce complaint? The divorce complaint may be verified and filed no sooner than the first day after the full year of separation runs. [...]
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- How long do I have to wait before I can get divorced? If I separate from my spouse, do I have to divorce?
- How long do I have to wait before I can get divorced? If I separate from my spouse, do I have to divorce? Some people want to get divorced as soon as possible, for symbolic or personal reasons. One [...]
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- If I separate, do I have to intend to stay separated and does the separation have to be mutual?
- If I separate, do I have to intend to stay separated and does the separation have to be mutual? The physical separation of the parties must be accompanied by an intention on the part of one of the [...]
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- Will the one-year separation start over if my spouse and I resume marital relations?
- Will the one-year separation start over if my spouse and I resume marital relations? Under prior case law, living "separate and apart" meant a cessation of habitation as well as sexual [...]
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- If attempts to serve my spouse by certified mail and/or by sheriff does not work for an absolute divorce, what is my next step?
- If attempts to serve my spouse by certified mail and/or by sheriff does not work for an absolute divorce, what is my next step?A final, alternative method is a process called "Notice of Service [...]
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- What is "Notice of Service of Process by Publication"?
- What is "Notice of Service of Process by Publication"?Service by publication is when a notice regarding the action is placed in the newspaper in the county where defendant last resided. [...]
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- At what point during the process can a spouse remarry?
- At what point during the process can a spouse remarry?Only after the absolute divorce is granted by North Carolina court, can a spouse remarry.
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- Do I have to live "separate and apart" for one year before I can obtain a divorce in North Carolina?
- Do I have to live "separate and apart" for one year before I can obtain a divorce in North Carolina? The requirement that the parties live "separate and apart" for one year prior [...]
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- What if my spouse does not want the divorce?
- What if my spouse does not want the divorce? You can also get the divorce whether or not your spouse wants to be divorced, provided that you have been separated for one continuous year and the [...]
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- If I obtain my divorce before filing for Equitable Distribution and alimony, can I still file for alimony and E.D.?
- If I obtain my divorce before filing for Equitable Distribution and alimony, can I still file for alimony and E.D.? Before filing a divorce complaint, you must be aware of several potentially very [...]
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- Do the other issues - support, custody, alimony, and property - have to be decided before the divorce is final?
- Do the other issues - support, custody, alimony, and property - have to be decided before the divorce is final? The absolute divorce may be granted prior to the court hearing other claims, such as an [...]
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- How long do I have to live in North Carolina to obtain a divorce?
- How long do I have to live in North Carolina to obtain a divorce? Either the plaintiff or the defendant must have resided in North Carolina for at least six months immediately preceding the [...]
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- How is residence interpreted in North Carolina?
- How is residence interpreted in North Carolina? Residence is interpreted in North Carolina to mean a domicile: you must be both in residence (physical presence in the state) and you must have the [...]
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- After I file for divorce, do I have to continue to live in North Carolina?
- After I file for divorce, do I have to continue to live in North Carolina? As long as you have been a North Carolina resident for at least six months on the day you file your divorce complaint, it [...]
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- If I am in the military and stationed in North Carolina, how can I establish residency to file for divorce?
- If I am in the military and stationed in North Carolina, how can I establish residency to file for divorce? Aliens, out of state students and military personnel are all capable of establishing [...]
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- What forms do I need to file a divorce?
- What forms do I need to file a divorce?See our do-it-yourself section for examples of the forms you will have if a attorney files your divorce for you or if you do it yourself. We recommend speaking [...]
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- How and where is a divorce complaint filed?
- How and where is a divorce complaint filed? The complaint for absolute divorce is filed in district court. The action shall be filed in the county in which either plaintiff or defendant resides. If [...]
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- How do I serve the divorce complaint on my spouse? How long do I have to wait to receive my divorce?
- How do I serve the divorce complaint on my spouse? How long do I have to wait to receive my divorce? Service is the form of delivery of a document required by pertinent legal rules. There are various [...]
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- How is a divorce granted? Will I have to go to court?
- How is a divorce granted? Will I have to go to court?Since 1991 the divorce statute has explicitly acknowledged that the court may enter judgment either upon nontestimonial, verified evidence [...]
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- What typically happens if I go to court to obtain my divorce myself?
- What typically happens if I go to court to obtain my divorce myself? In non-summary judgment divorces, the court will typically call the case for trial and the plaintiff (and counsel for the [...]
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- What is COBRA and how can it help if I am separated or divorced?
- What is COBRA and how can it help if I am separated or divorced? You should also be aware of a federal statute, known by the acronym "COBRA," that extends additional medical insurance [...]
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- What is divorce from bed and board?
- What is divorce from bed and board? Divorce from bed and board is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the residence. If [...]
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- Who can file for divorce from bed and board?
- Who can file for divorce from bed and board? Only the injured party may apply for a divorce from bed and board.
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- What fault grounds can be used to file for divorce from bed and board?
- What fault grounds can be used to file for divorce from bed and board? The complainant seeking a divorce from bed and board must establish at least one of the six fault grounds enumerated in the [...]
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- How do I prove fault for divorce from bed and board?
- How do I prove fault for divorce from bed and board? The method for proving any of the six grounds for divorce from bed and board is the same as the proof required for any of those same grounds under [...]
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- How can I defend against a claim for divorce from bed and board?
- How can I defend against a claim for divorce from bed and board? The party defending against an action for divorce from bed and board has the common law affirmative defenses still available in the [...]
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- Can I use divorce from bed and board to force my spouse out of the house?
- Can I use divorce from bed and board to force my spouse out of the house? As an action seeking a judicially authorized separation, an action for divorce from bed and board is seen by North Carolina [...]
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- At any time can a parent change a minor child's last name without the other parent's permission?
- In North Carolina, a parent may not change the name of a minor child without the consent of the other parent, except in the following instances: the other parent is deceased; the minor child has [...]
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- Can a couple become legally married by living together as man and wife under North Carolina laws (common law marriage)?
- Can a couple become legally married by living together as man and wife under North Carolina laws (common law marriage)?No.
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- If attempts to serve my spouse by certified mail and/or by sheriff does not work for an absolute divorce, what is my next step?
- If attempts to serve my spouse by certified mail and/or by sheriff does not work for an absolute divorce, what is my next step?A final, alternative method is a process called "Notice of Service [...]
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- What is "Notice of Service of Process by Publication"?
- What is "Notice of Service of Process by Publication"?Service by publication is when a notice regarding the action is placed in the newspaper in the county where defendant last resided. [...]
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- At what point during the process can a spouse remarry?
- At what point during the process can a spouse remarry?Only after the absolute divorce is granted by North Carolina court, can a spouse remarry.
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