What is an Absolute Divorce in North Carolina?
In North Carolina, an absolute divorce is the legal termination of a marriage, which allows both spouses to remarry and regain their legal status as single individuals. It is important to distinguish an absolute divorce from a legal separation, which does not end the marriage but may address issues such as property division and support.
Here are the key points to understand about obtaining an absolute divorce in North Carolina:
- Residency Requirements: To file for an absolute divorce in North Carolina, at least one of the spouses must have lived in the state for at least six months immediately before filing.
- Separation Requirement: North Carolina law requires the spouses to live separately and apart for a specific period before filing for an absolute divorce. This period of separation is one year and one day. The separation must be continuous, with no reconciliation or resumption of marital relations during this time.
- Grounds for Divorce: North Carolina is a no-fault divorce state, meaning that neither spouse needs to prove that the other is at fault for the divorce. The sole ground for divorce is the one-year separation and living apart.
- Filing for Divorce: To initiate the divorce process, one spouse (the plaintiff) files a complaint for divorce with the county’s district court where they reside. The plaintiff must serve the complaint and a summons on the other spouse (the defendant) in accordance with the court’s rules.
- Waiting Period: After serving the divorce complaint, there is a mandatory 30-day waiting period before the court can grant the divorce. This waiting period allows the defendant to respond to the complaint if they wish to contest the divorce.
- Divorce Hearing: If the defendant does not contest the divorce, the court may grant the absolute divorce without a hearing. However, if the defendant contests the divorce, the court may hold a hearing to determine if the separation requirement has been met.
- Property Division and Other Issues: An absolute divorce in North Carolina addresses only the dissolution of the marriage itself. It does not automatically address property division, alimony, child custody, child support, or other issues. These matters may be addressed separately through negotiations, agreements, or court orders.
- Effect of Divorce: Once the court grants an absolute divorce, both spouses are free to remarry. The divorce legally ends their marital relationship, and they regain their status as single individuals.
It is important to note that while an absolute divorce terminates the marriage, it may not address all the legal and financial issues that arise during a divorce, such as property division, alimony, or child custody. These matters may need to be resolved separately through negotiations, mediation, or court proceedings.
If you are considering filing for an absolute divorce in North Carolina or have questions about divorce-related issues, it is advisable to consult with an experienced family law attorney. An attorney at the Law Offices of Austin Vandeveer can guide you through the process, help protect your rights, and address any related legal matters.
Contact our family law firm today to get started and learn about your legal options.