Absolute Divorce in North Carolina
In North Carolina, an absolute divorce refers to the legal dissolution of marriage. North Carolina is a “no fault divorce” state and there are only two bases for divorce in North Carolina – separation for a year or legal insanity, with the latter being rarely used. The separation basis requires that that you live “separate and apart” from your spouse (i.e., not in the same home) for one year with at least one spouse having the intent to cease marital cohabitation; a year and one day after you separate from your spouse, you may file for absolute divorce. It is important to note that filing for absolute divorce is just that – filing for the legal end of your marriage. This will not address the distribution of marital property (“equitable distribution”), alimony, or child custody and support. It is further important to note that certain claims, such as equitable distribution, must be made prior to a judgment of divorce being entered.