Absolute Divorce in North Carolina
In North Carolina, if you have been a resident of the state for six months and physically separated from your spouse for more than one year (366 days or more), you are eligible to obtain an absolute divorce. A separation agreement or distribution of property is not required prior to obtaining the divorce. However, you must assert claims for alimony and/or equitable distribution before the absolute divorce judgment is entered; otherwise, your claims for such relief will be forever barred. Ignorance of the law is no excuse and you cannot afford to be ignorant of the law when you are involved in divorce.
The procedure to obtain an absolute divorce itself is fairly simple. However, as the old saying goes, “the devil is in the details.” If your marriage has lasted a long time, if you and your spouse have accumulated assets and debts while married, if you have retirement benefits or own a small business, if you need to receive alimony from your spouse, and/or if you have minor children, there is nothing at all simple about the law involved or the decisions you must make. These issues are complex, and you need guidance and sound advice from an experienced family lawyer to help you protect your future.