North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Quickly find the answers you’re looking for as it pertains to Absolute Divorce in North Carolina.
The complainant seeking a divorce from bed and board must establish at least one of the six fault grounds enumerated in the statute: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery. Further, the complainant must allege that […]
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Divorce, as distinguished from child custody, child support, alimony and property distribution, is not a complex process in North Carolina. Either you or your spouse must live in the state for at least six months prior to filing the action for divorce. You or your lawyer file a divorce complaint with the clerk of court […]
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Service by publication is when a notice regarding the action is placed in the newspaper in the county where defendant last resided. This alternative method for service is technically more complicated than the other methods, so that it may be difficult to effectuate without the assistance of an attorney. Service by publication also increases the […]
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The entire divorce process must be complete before either party can enter into another marriage since it is illegal to be married to more than one person at the same time. Thus, only after the absolute divorce is granted by North Carolina court can a spouse remarry.
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The requirement that the parties live “separate and apart” for one year prior to the institution of the action is also jurisdictional. You do not have to prove, however, that the separation occurred on the specific date alleged in the complaint but only that you and your spouse have lived separate and apart for a period […]
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You can also get the divorce whether or not your spouse wants to be divorced, provided that you have been separated for one continuous year and the paperwork has been correctly processed. Although North Carolina also has an alternative, three-year separation period for divorces based on one spouse’s incurable insanity, almost all modern divorces granted in […]
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Before filing a divorce complaint, you must be aware of several potentially very serious issues. First: the failure to assert an alimony claim prior to entry of a divorce judgment, and failure to have such an action pending at the time the divorce is granted, will bar the right to assert a claim for alimony. Second: the […]
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The absolute divorce may be granted prior to the court hearing other claims, such as an equitable distribution claim, filed in the same action. And you get the divorce whether or not you and your spouse have resolved any of the other issues arising from your separation, such as custody, spousal and child support, or […]
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Either the plaintiff or the defendant must have resided in North Carolina for at least six months immediately preceding the institution of the divorce action. The six-month residency requirement is jurisdictional. In the event the requirement is not met, the court would not have jurisdiction to try the action and any decree rendered would be void.
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Residence is interpreted in North Carolina to mean a domicile: you must be both in residence (physical presence in the state) and you must have the intent to make a home here or to live here permanently or indefinitely. This state will be your residence if, when absent, you intended to return here and, despite […]
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