In North Carolina, the most common way for a couple to get a divorce is to live separate and apart continuously for one year and a day. During this time period, the couple cannot reconcile and must live in different residences. Additionally, either the husband or the wife must have lived in North Carolina for at least six months.
After the separation period has passed, either party may file for the divorce. Both parties don’t have to agree to it. Before the divorce is finalized, claims for alimony and property division must be made or they are barred.
North Carolina is a no-fault jurisdiction for divorce. This means that neither party has to prove marital fault to file for divorce. Instead, all that is required is that one party live the statutory period in the state, that the parties live apart for more than a year, and that the appropriate paperwork is filed.
Divorce is emotionally and financially difficult. Although you can and may file for divorce on your on, it is recommended that you at least consult with a divorce attorney. A divorce attorney may provide you with legal advice concerning divorce and any claims that need to be filed before the divorce is finalized.
If you wish to speak to legal counsel regarding getting a divorce, please contact Adkins Law to schedule a consultation with a divorce attorney. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area.