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 experts as to the spouse’s insanity. The insanity basis for divorce is now little used therefore, an absolute divorce in NC can be obtained by either party, once you and your spouse have lived separate and apart for at least twelve consecutive months.

You do not need any written document to show you separated on a given date; you merely need to remember the date on which you did actually separate. You also need to be certain that at least one of you, at the time of the separation, intended for the separation to be permanent. Neither one of you is required to file for a divorce; but neither one of you can prevent the other party from seeking a divorce.

The statutes require that the plaintiff set forth in his or her complaint that either the complainant or defendant has been a resident of the State of North Carolina for at least six months next preceding the filing of the complaint, and that the parties have lived separate and apart for one year. Additionally, the plaintiff must set forth the name and age of any minor child or children of the marriage, and in the event there are no such minor children, the complaint shall so state.

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