In North Carolina there are two requirements to file for divorce.
- Husband and wife have been living separate and apart for one year (separate residences, not just separate bedrooms); and
- Husband or wife has lived in North Carolina for the last six months preceding the filing of the lawsuit for absolute divorce.
Under North Carolina law, an isolated incident of sexual intercourse between the spouses with no intention to resume the marital relationship cannot be used to break the continuous period of the one year separation.
Sometimes the parties have already resolved property and child related issues prior to filing for an absolute divorce, either through a separation and/or property settlement agreement, or by court order. A formal separation agreement or order is not required to file for an absolute divorce in North Carolina. However, if there are outstanding issues with children or property, the spouse may want to schedule a consultation to meet with an attorney to discuss his or her options prior to filing for an absolute divorce.
Remember that when a husband or wife files only for an absolute divorce, that party gives up all rights that he or she may have to alimony, post separation support, attorney’s fees and equitable distribution of property, including retirement income, such as IRAs, pension plans and 401(k) plans.
Ferguson Law Firm has a strong reputation in Gaston County for providing quick, efficient, and cost effective service in obtaining absolute divorces for their clients. We also keep each client well informed of each stage of the process. Contact us so that we can quickly obtain an absolute divorce at a minimal cost to you.
Call 704-867-2828 to schedule a consultation regarding your family law matter.