What You Need to Know About Absolute Divorce in NC
What is Absolute Divorce?
Are you thinking about getting an Absolute divorce in NC? If so, it’s essential to understand the terminology first. An absolute divorce is a type of divorce that results in the termination of a marriage.
In North Carolina, an absolute divorce may be granted to parties who have been separated for at least one year or if one party can prove adultery, abandonment, or cruelty by the other spouse. Check out alltheragefaces.com to get more information about law services.
Types of Divorce:
If you and your spouse have decided that a divorce is the best option for your family, it’s essential to understand what type of divorce will be available to you.
In North Carolina, there are the following types of divorces:
- The most common type of divorce is an ‘absolute’ divorce which can be granted for no specific reason. An absolute divorce is when both spouses agree on all issues related to the breakup of their marriage – from property division and child custody/support arrangements to who gets divorced and how it will be structured legally.
- A contested divorce happens when one or both spouses cannot agree on some or all aspects of the separation agreement.
- However, some couples may choose to get a ‘divorce from bed and board’ if they want their marriage to be considered legally over but do not want to go through the process of a complete absolute divorce.
- Lastly, there is also the option for couples who live in separate states or countries to obtain a ‘divorce by consent.’
Regardless of which type of dissolution proceeding you choose (absolute vs. contested), having an experienced lawyer represent your interests is always advisable, especially if significant assets (property/money) or children are involved in the split-up proceedings.
The basics of filing for an absolute divorce in North Carolina
Much has changed over the years when it comes to divorce. Absolute divorce in NC is granted upon a showing of no fault. This means that either spouse can file for divorce without proving that the other party did anything wrong.
The process of obtaining a divorce can often seem daunting, but our experienced attorneys will guide you through every step of the way.
North Carolina Absolute Divorce Requirements:
People may decide to get a divorce for a variety of personal reasons, but state law requires a legally valid basis to end the marriage. If you are considering filing for an absolute divorce in NC, it is crucial to understand the requirements and process involved.
An Absolute Divorce can be obtained by either spouse provided they meet specific requirements, such as residency and separation periods. One of the parties needs to provide evidence of the following to obtain an absolute divorce in NC:
- At least one of the parties to the divorce must have resided in North Carolina for at least six months before the divorce complaint was filed.
- The couple’s date of living apart and the fact that at least one party in the marriage desires permanent separation are the only details required to prove separation.
- The parties are wed and cohabitating separately.
- The parties have no plans to get back together as husband and wife.
- That the couple has been living apart for at least a year without having to provide documentation of the split.
- Throughout the 12-month separation period, the marriage must not have been rekindled. The time frame for obtaining a divorce will be extended by an additional 12 months if the court determines that the marriage has been reconciled during the separation period.
How Long Does the Absolute Divorce Take to Complete?
The process for obtaining an absolute divorce in NC typically takes 90 days. This timeframe includes the 30-day waiting period after your spouse has been served and the time necessary for the court to hear your case and issue a judgment.
The process begins with serving a summons and complaint on the other spouse, followed by that person’s answer or response. After that, various hearings and motions will be filed before a final judgment is rendered. If either party contests any part of the divorce proceeding, it could lengthen the overall timeline.
You are not required to file for immediate divorce in North Carolina and may benefit from remaining married while being separated due to social security and health insurance benefits.
Grounds for an Absolute Divorce in North Carolina:
If a couple has been living apart for at least a year and either spouse has been in the state for at least six months, they are granted an absolute divorce in NC. This is known as the state’s “no-fault” divorce provision, meaning that neither spouse must prove marital fault to obtain a divorce as long as they meet the residency requirements.
Another thing to remember is that there are specific grounds for obtaining an absolute divorce in NC. These include adultery, abandonment, abuse of spouse or child, and unlawful imprisonment.
However, this reason is seldom used today, given that most states no longer recognize it as a valid ground for separation.
The process will be relatively simple if your spouse agrees to the divorce. However, the process can become more complicated if your spouse not agrees to the divorce or is located. In these cases, you may need to hire an attorney and go through a legal proceeding known as “divorce by publication.”
Can you file for absolute divorce without an attorney?
There is no one answer to this question, as it depends on the specific situation and state laws. In some cases, you may be able to file for divorce without an attorney; in others, you will need legal representation. You can consult an NC divorce lawyer to learn more about your situation. Get detailed information about the law services and the duties of your lawyers on this website: all the rage faces
Conclusion:
North Carolina allows for absolute divorce, meaning the court terminates a marriage and all marital ties. This is different from a dissolution of marriage, a legal process where both spouses agree to terminate the marriage and divide their assets.
Absolute divorce in NC can be granted when one spouse petitions the court and proves there is no hope of reconciliation. The petitioner must also provide grounds for the divorce, such as adultery, abandonment, or cruelty.
