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What Is Absolute Divorce?

January 28, 2012 | Comments: 0 | Views: 144

Absolute Divorce is simply the term used in North Carolina for a divorce. North Carolina is a no fault state, which means that neither spouse needs to be at fault in order for the judge to grant the divorce once it is filed. There are two requirements for Absolute Divorce in North Carolina. 1.) That both spouses have lived separate and apart for one year and 2). At least one of the spouses must also have lived in North Carolina for at least six (6) months immediately preceding the filing for divorce. If you have met these two requirements, you can then file for divorce on the 366th day of separation. You cannot file for divorce on the 365th day as you must wait the entire one year, pursuant to NC law.

Additionally, "lived separate and apart" actually means living under separate roofs in separate homes. If you continue to live in the same house but one of you sleeps in a different part of the house, this would not count as separation under the law. Legal separation is not required in North Carolina. As long as one of the parties moves out of the marital home and moves into a different home, that is sufficient under NC law. You will generally not be required to produce evidence of your separation; however, if one of the parties contests the separation date, it may be a good idea to gather bills, leases, witnesses, etc. as proof of your new residence. If there is no contest to the separation date, your word is all that is required to file for divorce. Taking vacations together or isolated incidents of sexual intercourse generally will not change the initial date of separation.

Divorce is generally an uncomplicated process in North Carolina; however, if there are issues of insanity, issues of alimony or you would like to divide assets and/or debts upon divorce, it is very important to contact an attorney to be sure that you are not waiving your legal rights before filing for divorce. Once the judge grants the divorce you will be barred forever from seeking alimony or equitable distribution (division of assets/debts). Also, if there is an issue of insanity, there is a longer waiting period before your divorce may be granted. It is always best to seek the advice of an attorney before filing for divorce to be sure that you are not forfeiting any rights for which you would be entitled.

Tiffany A. Lesnik Law Offices offers affordable legal care to hurting families and children; including a flat fee for divorce. The fees for divorce include all court costs, all consultations with the attorney, and representation in court. Convenience to the client is very important to Tiffany and in many cases, no appointments are necessary and you will not have to come to court. Many services are available online through the Virtual Law Office. Credit card payment is also available for the convenience of her clients.

Source: EzineArticles
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