"Absolute divorce" is a legal term used for "divorce" by North Carolina Courts. N.C. is a "No-fault" state, this means the plaintiff (the person filing) can simply file for divorce without a reason against the other spouse. The Divorce complaint can be filed in any county in North Carolina, not just where you live. Under recent North Carolina state law, you may need to appear in Court in order to obtain a divorce judgment.
In order to file for divorce in North Carolina, the plaintiff must file a complaint with the Clerk of Court, serve the other party and follow the law as required. This process may take a few weeks and may go up to a few months, depending on individual circumstances.
It is important that the parties not resume the marriage for a period of 12 months prior to the filing, this does not mean, you cannot have any contact at all.
It is very important to consider reasons not to file for divorce after separation, such as social security, health insurance or employment benefits granted to a specific spouse.
Divorce is a SEPARATE legal event, separate and apart from child custody, child support, property division, alimony or spousal support.
Requirements For Absolute Divorce
To obtain an absolute divorce in NC, one party to the marriage needs to show to the Court the following:
(1) One member has resided in North Carolina for (6) six months prior to the filing of the complaint for absolute divorce;
(2) The parties were legally married as recognized by NC law;
(3) The parties have been living separate and apart for a minimum of one year prior to the filing of the complaint for absolute divorce; and
(4) The parties do not intend to stay married.
(5) If one of the parties whishes to resume a prior name, they may do so within this document.
Divorce From Bed And Board
Divorce from Bed and Board is a considered a non-criminal, civil lawsuit in North Carolina where one spouse can file a claim against another spouse for a variety of legal reasons. Some of the reasons include Domestic Violence, Adultery, Mental Cruelty, and other causes that are legally recognized by the Courts. This allows the Court to consider issues such as pain and suffering and other issues that may possibly result in monetary damages being given to the injured spouse. This claim can be filed and made prior to getting divorced. This claim is not a divorce but may be a way to obtain the marital home or other legal property prior to being divorced for one year. This is a very technical legal event and needs careful consideration.
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