There is no such thing as a federal divorce law or some universal method to obtain an absolute divorce. Each state has its own rules and regulations that govern how one may obtain an absolute divorce. In our mobile society, people move easily from state to state; with the overwhelming amount of information (or misinformation) available on the internet, people get confused. Calling Aunt Minnie or Uncle Joe in Jersey to get advice about your divorce in North Carolina is rarely a good idea. While they may sincerely want to help, or even if their best friend’s brother is a lawyer in Illinois, the only good advice you are going to get is from an experienced North Carolina family lawyer. And, it’s not that our law is any better or worse than theirs; it is, quite simply, different than the law they know about.
So, how do you do it? I’m glad you asked that question. Here goes:
In North Carolina, there are only two ways to get a divorce, and one of them (legal insanity) is never used (after having handled over 5,000 divorces, I have never seen one of these). In 99.99999% of North Carolina divorces, there are only two requirements to get the divorce (and, abandonment and adultery have nothing to do with it):
1. You and your spouse must live separate and apart (in separate residences, not just separate floors or bedrooms) for a period of 12 consecutive months (or one year, whichever comes first) with the intention of at least one of you that you not resume your marital relationship; AND,
2. Either you or your spouse (or both) must have lived in North Carolina for at least six months immediately preceding the date of the filing for divorce (which cannot be until a year and a day after the date of separation).
Easy, right? But stay tuned for the next installment………….
Have questions about divorce in North Carolina? Contact our office at 704-556-0707 to schedule a consultation with one of our experienced North Carolina Family Law attorneys today.
By Alan R. Krusch