ABSOLUTE DIVORCE
An absolute divorce is a determination by the court that spouses are no longer legally married to one another. North Carolina is a “no-fault” divorce state. You do not need to prove that your spouse has committed marital fault, such as adultery, in order to obtain an absolute divorce.
To be eligible to file for absolute divorce in the State of North Carolina, at least one spouse must have been a resident of North Carolina for at least six continuous months immediately prior to filing for divorce, and the spouses must have been separated for at least one year with no periods of reconciliation. You cannot file for an absolute divorce unless you and your spouse have been continuously living separate and apart from one another for at least one year.
The entry of an absolute divorce judgment will forever extinguish potential claims for spousal support (post-separation support and alimony) and equitable distribution (division of assets and debts) unless those claims have been asserted in a court case before the judgment is entered. Horack Talley family law attorneys will take the necessary steps to protect and preserve your claims.
Horack Talley family law attorneys will guide you through all aspects of this process with sound advice on issues such as post-separation support, alimony and equitable distribution as well as issues pertaining to your children, including child support and child custody. We will aggressively protect your rights to custody, support and/or equitable distribution, and will strive to get the best possible outcome for you.
Don’t make the potentially costly mistake of attempting to obtain an absolute divorce, or allowing your spouse to obtain an absolute divorce, without first discussing the process and your rights with one of our family law attorneys at Horack Talley.
See our Frequently Asked Questions page for issues to think about now if you are considering a divorce.