Compassionate Family Law Representation You Can Trust

As North Carolina is a “no-fault” divorce state, spouses can end their marriage at any time without reason. To obtain an absolute divorce, spouses must typically meet the following requirements:

• One of them has lived in North Carolina for at least six months
• They have lived apart for at least 12 months
• They live separately because they plan to divorce

While many couples agree to end their marriage, people do not necessarily have to have their spouse’s agreement to obtain a divorce. They must only meet these requirements and ensure their spouse receives legal notice that they filed a divorce petition with the court.

Every couple’s situation is unique, but the divorce process looks similar for every couple that ends their marriage in North Carolina. Once couples meet the requirements for divorce, they can pursue a divorce by following these steps:

1. File a divorce complaint with the court in the county where the filing spouse lives.
2. The non-filing spouse receives notice of the divorce petition.
3. The couple receives a court date.
4. If agreement is possible, negotiate the particulars of divorce and present the resulting divorce agreement to the court.
5. If agreement is impossible, present evidence to the court so the judge can issue the final divorce order. Divorces that require litigation may involve multiple hearings.
6. The judge finalizes the absolute divorce.

An uncontested divorce occurs when a couple agrees on their divorce’s terms or can come to an agreement through negotiation. Because these divorces do not involve litigation, they are often less costly and lead to a faster resolution during the divorce process.

A contested divorce, on the other hand, occurs when a couple does not agree on the details of their divorce. They may disagree on dividing their property, parenting plan, or support payments like child support or alimony.

An absolute divorce in North Carolina fully dissolves the marriage. Still, it may not address important issues, such as property division, alimony, child custody and child support. This is why having a lawyer well-versed in the complexities of the divorce process is essential.