Charlotte Divorce Attorneys

If you are considering divorce, or if you have been served with divorce papers, we will take the time to answer your questions and explain the process.

Absolute divorce is the dissolution of the marital bonds existing between two people. After entry of a judgment of absolute divorce, all rights arising out of the marriage (for example, intestate inheritance or rights to marital property) terminate and the parties are free to remarry someone else.

A court will not address marital property, spousal support, custody, and child support during a claim for only absolute divorce. It is important to make sure that claims related to marital property and spousal support have been raised or resolved prior to entry of divorce, or these claims will be lost permanently.

In North Carolina, there are two grounds for absolute divorce: incurable insanity and separation of one year.

Absolute divorce based on incurable insanity requires that the parties live separate and apart for three years because of the incurable insanity of one of them. The party petitioning for a divorce must put forth extensive evidence proving that the other spouse is incurably insane, including expert testimony from physicians or an adjudication of insanity.

One Year of Separation

Absolute divorce based on separation of one year is by far the more common ground used. North Carolina General Statute § 50-6 requires that the parties live separate and apart for one year and that at least one of the parties reside in North Carolina for the prior six months. There must be both a physical separation and an intention on the part of at least one of the parties to cease the matrimonial cohabitation.  The parties must be living in separate residences; separate rooms or areas of the same house will not suffice.

Contact our firm today if you are considering divorce or need assistance with filing for divorce.

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