Divorce FAQS

Quickly find the answers you’re looking for as it pertains to Absolute Divorce in North Carolina.

Top Question
What are the Grounds for Absolute Divorce in North Carolina?

What to expect during your initial consultation

What happens during an initial consultation? When you first meet with an attorney in our office, we will obtain a brief history of you, your spouse, and your family. The attorney will look over your history together as well as any assets accumulated during your marriage and advise you of the law in regards to child custody, alimony, and property rights, as well as counsel...

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grounds for divorce

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 your spouse have been living separate and apart for one year. It is not enough to assert that you have lived in separate bedrooms, or that you have not engaged in acts of sexual intercourse. You must live in separate residences...

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Is My Spouse at Fault for Our Divorce?

Is My Spouse at Fault for Our Divorce?

North Carolina is a “no-fault” divorce jurisdiction, so neither party has to prove marital fault in order to obtain the divorce based on a one-year separation. As long as you have been separated at least a year and your paperwork is correctly processed through the judicial system, you can get your divorce.


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 name change when you file your divorce complaint or when you file your answer to your husband’s complaint. In your complaint for divorce or your answer, you may petition the court to change your name to either your maiden...

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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 two persons nearer of kin than first cousins, between double first cousins, between persons either of whom is under sixteen years of age, between persons either of whom has a spouse living at the time of the marriage, between persons...

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Absolute Divorce in NC: What You Should Know

Absolute Divorce in NC: What You Should Know

In North Carolina, “absolute divorce” signifies nothing more than the termination of the marriage bond that was created by your wedding ceremony and marriage certificate. An absolute divorce in NC may be granted on one of two grounds: one year’s separation pursuant and incurable insanity. Obtaining a divorce based on incurable insanity requires a minimum three-year separation and also requires that evidence be given by specified...

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When can I file for absolute divorce? How do I verify a complaint?

When can I file for absolute divorce? How do I verify a complaint?

The divorce complaint may be verified and filed no sooner than the first day after the full year of separation runs. If you verify the complaint before the year has run, even if you wait to file the complaint until after the full year, your case will be dismissed. The complaint must be verified, or signed to verify that the statements it contains are true....

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If I separate from my spouse, do I have to divorce?

If I separate from my spouse, do I have to divorce?

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 symbolic value served by initiating a divorce is to show your spouse (especially if the spouse left you) that you are in control of your life, and you are taking steps toward greater independence. One personal ground for...

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Does separation have to be a mutual agreement?

Does separation have to be a mutual agreement?

The physical separation of the parties must be accompanied by an intention on the part of one of the spouses to cease cohabitation. Thus, the intent of the other spouse is immaterial. It is very important that you understand that in North Carolina, in order to be entitled to a divorce, you need not show that a marital separation for the statutory period was by...

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What Constitutes the Resumption of Marital Relations?

What Constitutes the Resumption of Marital Relations?

Under prior case law, living “separate and apart” meant a cessation of habitation as well as sexual relations. When asking the question “are we still separated” today, while this is still the main precedent, there are some additions. The older cases repeatedly held that the separation requirement was not met if, during the one-year period, the couple engaged in sexual relations. Even isolated or casual...

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