There are two ways to obtain an absolute divorce in North Carolina. The first and most common way is to prove you and your spouse have been separated for at least one year. The second way to obtain an absolute divorce is to prove incurable insanity. This approach is very rarely used.
Absolute Divorce obtained on the basis of one year’s separation:
North Carolina “No Fault” divorce, means precisely this: After you and your spouse have lived apart – in two separate households – for at least one (1) year, and without resuming your marital relationship, either you or your spouse may obtain an absolute divorce. You do not have to prove the separation took place on a specific date, only that you have lived separate and apart for at least one (1) year prior to the suit. Now, either you or your spouse must have lived in North Carolina for at least six months before you file for divorce. Click here to read the divorce statute in North Carolina.
After the one-year separation is satisfied either you or your spouse may file for an absolute divorce on the next business day after the end of your one-year separation. Once you file for absolute divorce, your spouse is served with the summons and complaint discussed in detail in the excerpt titled “Family Law Litigation – An Overview” – just click the link. The amount of time it will take for you to obtain an absolute divorce and the exact court procedures vary from county to county. We will explain the procedures and specifics of your case to you. For more information on Absolute Divorce or for the full printable pdf version of this document,click here.
