Absolute divorce (also called a "Simple Divorce") is the legal termination of a marriage, officially ending the marital relationship. Once an absolute divorce is granted, both parties may remarry.
1). One Year's Separation: The spouses must have lived separate and apart for a continuous period of one year with the intent to remain permanently separated.
2). Residency: At least one spouse must have resided in North Carolina for at least six months before filing for divorce.
1). File a Complaint:
The legal process begins with filing a Complaint for Absolute Divorce. This document outlines the grounds for divorce and other relevant details.
2). Serve the Other Spouse:
The other spouse must be served with the divorce papers. This can be done by mail, sheriff, or process server.
3). Waiting Period:
After serving the divorce papers, a mandatory waiting period of 30 days is required before the divorce can be finalized. This waiting period can be waived under certain circumstances.
4). Finalize the Divorce:
If there are no disputes and the waiting period has passed, the divorce can be finalized by submitting the required paperwork to the Court.
North Carolina follows the principle of equitable distribution, meaning marital property is divided fairly, though not necessarily equally. If there are issues regarding property division, a claim for such must be pending (or resolved) before an absolute divorce is granted. If the divorce is granted before the claim for property division is filed, certain rights may be waived forever.
In certain cases, one spouse may be eligible to receive alimony. If alimony is in question, a claim for such must be pending (or resolved) before an absolute divorce is granted. If the divorce is granted before the claim for alimony is filed, certain rights may be waived forever.
If you believe you are eligible for an Absolute Divorce, consult with our attorney today to make sure your rights are protected.
The North Carolina Office of the Courts has a divorce packet to assist with filing these documents yourself. You can go to the link below to check it out.
https://www.nccourts.gov/help-topics/divorce-and-marriage/north-carolina-divorce-packet
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This website is provided for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult with an attorney.
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