North Carolina has two types of divorce: absolute divorce and divorce from bed and board. They are very different. In fact, only absolute divorce ends a marriage. Divorce from bed and board is more like legal separation, and spouses cannot remarry until they get an absolute divorce. For this reason, most of our clients seek an absolute divorce so they can move on with their lives and possibly find love again.
Contact Remington & Dixon today to speak with a Charlotte divorce lawyer. Our firm can handle the entire divorce process, from filing the divorce action to representing you in court. Below, we look at the requirements for absolute divorce in NC and encourage you to contact us to schedule a private consultation.
Who Can Request an Absolute Divorce in North Carolina?
Only those who meet the residency requirements can request a divorce. At least one spouse must have lived in the state for the six-month period before filing for divorce. (North Carolina General Statutes § 50-8.) This means if you file on July 1, then at least one spouse must have lived in the state since at least January 1.
What Are the Fault Grounds for an Absolute Divorce?
Absolute divorce in North Carolina is no-fault. A couple must live separate and apart for at least one year, and then the court can divorce them. Living apart requires that each spouse have their own home, so one must move out of the house.
In other states, a spouse can file for divorce by citing marital fault, usually adultery or abandonment. But that’s not the case in North Carolina, where fault only matters for divorce from bed and board.
Consequences of an Absolute Divorce
What does an “absolute divorce” mean in North Carolina? Essentially, it means your marriage no longer exists. You can get married again. If you have relations with someone else, then you are not committing adultery. North Carolina’s “absolute divorce” is what other states simply call divorce.
North Carolina also has something confusingly called “divorce from bed and board” but it’s not really divorce. You remain married. Think of it as North Carolina’s equivalent of a “legal separation issued because of marital fault.” You live apart but remain legally married. By contrast, absolute divorce ends a marriage, so you can remarry if you wish.
With an absolute divorce in North Carolina, you can also choose to divide marital property and decide custody of any children you have together. Based on North Carolina’s child support guidelines, one parent might owe the other child support.
One spouse may also be able to request alimony after separation or divorce. This is a payment one spouse will make to the other, usually for a limited amount of time. Alimony seeks to lessen the financial fallout of divorce.
Steps to Get an Absolute Divorce
Thousands of people file for absolute divorce each year. Although some people file without a lawyer’s help, there are definite benefits to using an attorney. For example, you and your spouse might disagree on critical issues like child custody. You benefit from a lawyer’s perspective.
First, check if you qualify to request an absolute divorce in North Carolina. You might have only recently moved to our state. Our state courts only have the authority to dissolve a marriage if you have been living here for at least six months.
Second, prepare to live apart from your spouse for a year. This might mean you have to get an apartment or stay with family. A couple cannot live together during the mandatory year separation.
Third, contact an experienced divorce lawyer. There is a lot of planning that goes into divorce. You will need to think about what property to request in the divorce, as well as custody of small children. While living apart, a judge can enter postseparation orders that establish custody and a parenting plan. You can also request child support and spousal support.
Fourth, gather evidence requested by your lawyer. An absolute divorce can require considerable paperwork. The longer you have been married, the more assets you have that will qualify as marital. Your lawyer needs to fully understand your financial situation.
Fifth, you can try to negotiate the terms of your divorce with your spouse. If successful, you could request an uncontested divorce, which is faster and usually less expensive. You will need to reach an agreement on all issues, including child custody. Draft a parenting plan that divides parenting time. If you remain divided on even one issue, you have a contested case, and a judge will decide any contested issue.
Sixth, participate in mediation to help reach an agreement. Many judges require mediation, where couples (and each side’s lawyer) can meet to discuss the case with a mediator. This step helps them see each other’s point of view and possibly reach a consensus on some issues.
Speak with a Charlotte, NC Divorce Lawyer Today
Remington & Dixon, PLLC, is a prominent law firm in North Carolina that has represented men and women in divorce for over a decade. Our firm can help anyone seeking an uncontested divorce or who is involved in a contested case. We are a firm focused on solutions and doing what’s right by our clients. Contact us to schedule a consultation. We have handled divorces in the 28207 zip code, along with other communities in Mecklenburg, Cabarrus, and Union County.
