Divorce in North Carolina is a pretty simple thing. There are only three requirements. Before you can file for divorce in North Carolina, you must be separated for a year first with the intention by at least one of the parties to get divorced, and one of you must live in the state for six months. It doesn’t even have to be you – if your spouse has lived in North Carolina for six months, you can file for divorce in whatever county your spouse lives in. It is worth noting, though, that if you or your spouse is required by work or some other to live apart from you for a year because of work – such as a military deployment or a temporary job assignment far from where you live permanently – that doesn’t count as a separation for the purposes of getting divorced unless there was also intent of one party to permanently end the marriage. Even so, divorce is pretty simple in this state.
Separation In North Carolina Is A Simple Matter
Separation at its most basic is even easier than the requirements for divorce: move out. That’s it. As long as you don’t maintain regular relations consistent with being married but truly live separate lives, then you are separated. There are no other legal requirements for separation in this state. There are no papers to file, no forms to complete, no required notice to the court. You can make things easier for the year-long separation by reaching a separation agreement with your spouse – particularly if you have children and marital property, such as a home you bought together after getting married – but even that is up to you.
Call Us Today to Schedule a Consultation with an Experienced Divorce Lawyer
You can file for equitable distribution as soon as you and your spouse are separated. To do so, you should talk to the Charlotte divorce law attorneys of Remington & Dixon. You can contact us online or by calling (704) 247-7110.
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Jennifer is a founding partner at Remington & Dixon, PLLC. Jennifer concentrates her practice in the areas of family law, wills & estates, unemployment benefits appeals, and traffic. At Elon University School of Law, Jennifer was the vice president of the Public Interest Law Society and a member of the Family Law Society. During law school, Jennifer interned at the Elon University School of Law Field Placement Clinic with Legal Aid of North Carolina where she represented clients in domestic violence court proceedings.