The state of North Carolina states that an absolute divorce is the legal termination of a marriage. This means that the marriage is officially dissolved and your former spouse’s rights and privileges that applied during marriage are no longer valid.
A divorce may be obtained in North Carolina through a civil litigation process by filing a Complaint for Absolute Divorce and the entry of a judgment for divorce.
Filing for Absolute Divorce in North Carolina
In the state of North Carolina, the party seeking an absolute divorce starts the process by preparing and filing a Complaint for Absolute Divorce, accompanied by a Civil Summons and any other locally required filings. When this is served to the other party, the divorce proceedings have been put into motion.
To qualify for absolute divorce in North Carolina, the couple must meet the following requirements:
- They must have been separated (living apart with no intent to reconcile) for one year. It’s important to note that North Carolina does not require a legal separation.
- At least one member of the couple must have lived in North Carolina for at least 6 months prior to the filing.
Since North Carolina is a no-fault state, there is no need to prove wrongdoing on the part of either party in order to be granted a divorce if you meet the requirements above.
If there is a cause for the divorce such as abuse, abandonment, or adultery, you may identify this as the cause for the breakdown of the marriage. This will result in a Divorce from Bed and Board, which is not an absolute divorce, meaning that you will still be legally married to your spouse. If you are granted a Divorce from Bed and Board, you may seek an absolute divorce in the future. If you are experiencing abuse or have been abandoned by your spouse, contact The Doyle Law Group about your options regarding divorce.
Contact The Doyle Law Group for Assistance With Your Absolute Divorce
Getting a divorce is stressful. Let the attorneys at The Doyle Law Group in Raleigh help alleviate some of the stress and ensure your divorce proceedings are handled correctly. We’ve helped guide Raleigh couples through divorce for over 14 years and can help you, too. Call us at 919-301-8843 or fill out the contact form below to get started.
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