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North Carolina is a no fault divorce state. This means that neither spouse must be at fault for the ending of the marriage in order for one spouse to file for divorce.
There are only two grounds for divorce in North Carolina:
(1) Separation for more than one year; and
(2) Incurable insanity.
The great majority of divorces are filed based on separation for more than one year.
In order for spouses to be "legally separated," spouses must live separate and apart, with at least one of the spouses having the intent not to resume the marital relationship. In order to be considered living separate and apart, in the majority of circumstances, the spouses must establish separate residences. Once the parties have been separated for at least one year and one day, either spouse may file for divorce.
It is important to note that the absolute divorce claim will not address any ancillary issues associated with the end of the marriage such as alimony, equitable distribution, child custody, or child support. Those claims must be filed separately. Also, if you have a claim for alimony and/or equitable distribution, those claims MUST be filed prior to an absolute divorce being granted.
If you need to speak with an attorney about an absolute divorce, or any related claims, call us to set up a consultation.