Going through a divorce can be an emotional and trying time for many people. Knowing the requirements and steps in this process can help you focus on getting back to feeling like yourself and moving on. The attorneys at Ley Law can help provide you with a clear understanding of this process and help guide you through this trying time.
In North Carolina, an absolute divorce is a legal termination of a valid marriage. An absolute divorce can be a “simple divorce” (a divorce that does not include any other marital claims such as alimony, post-separation support, equitable distribution, etc.) or “contested” (includes marital claims.) North Carolina is a no-fault divorce state, meaning that neither party must prove fault for the other to obtain a divorce decree. A party seeking a divorce in North Carolina must meet the following requirements:
- Separation: The parties must have lived in separate households for at least one year, with at least one of the parties intending for the separation to be permanent.
- Residence: At least one of the parties must have been a resident of North Carolina for at least six months before filing the action for absolute divorce. It does not matter if you were married in North Carolina or if you were married in another state, or if your spouse lives in another state.
The timeframe for a divorce can vary depending on whether the divorce is contested or not. On average, an uncontested divorce can be entered within 90 days, while other marital claims may take over a year to resolve. It is important to know your rights regarding potential marital claims. For instance, if no claims for alimony or equitable distribution are raised before the entry of the divorce decree, the claims are lost forever. If you are considering a divorce, the attorneys at Ley Law can help guide you through this complex process and ensure your rights and claims are protected.
Nicholas Towell Author
Nicholas Sterling Towell is an Associate Attorney at Ley Law, dedicated to Family Law and Criminal Defense. He holds a Bachelor’s degree in Criminology from the University of South Florida and earned his Juris Doctor from Florida State University College of Law. Nicholas was admitted to the North Carolina Bar in May 2024 and is an active member of both the North Carolina Bar Association and the Pitt County Bar Association.
