FAQs

While obtaining a divorce is not a complex process in North Carolina, you must meet the following requirements and follow these steps:

• You and/or your spouse must live in North Carolina for at least six months before filing the action for divorce.
• You or your lawyer must file a divorce complaint with the clerk of court in the county of your residence.
• The divorce complaint must be delivered to your spouse, either by the county sheriff or by certified mail.
• After waiting a specified period either you or your attorney can appear in court and obtain a divorce. Once the judge signs the order, your divorce is final, and you may remarry if you so desire.

Complexity and issues arise when adding other factors into divorce such as: child support, spousal support, child custody, asset division, etc.

My husband cheated on me. Do I automatically qualify for a divorce in North Carolina?

North Carolina is a "no-fault" divorce jurisdiction, so neither party has to prove marital fault in order to obtain the divorce. As long as you and your spouse have been separated at least a year and your paperwork is correctly processed through the judicial system, you may obtain a divorce for any reason.

What is an absolute divorce?

Absolute divorce is the termination of a marriage. Either party can obtain an absolute divorce in North Carolina 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 separated. 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.

What happens if my spouse and I reconcile briefly during the one-year separation but still wish to obtain a divorce after one year?

According to North Carolina law: "Resumption of marital relations shall be defined as voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances.”
Isolated incidents of partnership between the parties shall not constitute resumption of marital relations. In other words, if you “get together” with your spouse during the one-year period but do not resume marital duties, such as living together, you are still eligible to file for divorce. If you and your spouse resume marital status and re-cohabitate, you must wait until one-year from the date of the second separation to officially obtain a divorce.

What if my spouse does not want the divorce?

You can obtain a divorce whether or not your spouse wants to be divorced, if you have been separated for one continuous year and the paperwork has been correctly processed. Therefore, contested divorces hold no bar in North Carolina courts.

When do I need to file for spousal support?

Alimony, or spousal support, should be filed for before a divorce is granted. Failure to bring an alimony claim before entry of a divorce judgment will bar the right to bring a claim for alimony after. In other words, according to North Carolina law, “a judgment of absolute divorce obtained by the dependent spouse in an action initiated by him or her eliminates that spouse's right to alimony unless a claim for alimony has been asserted and left pending prior to the judgment, either in that action or an earlier action.”

Do I need an attorney to obtain a divorce?

Although it is legal in many states to obtain a divorce without representation by counsel, it is always inadvisable, because of the complex issues involved. A skilled attorney can help you avoid personal and/or property matters that may cost you money down the road, and will represent your best interests in resolving any financial complications that may arise.

For more information, please review our website on North Carolina Divorce.