Divorce

In North Carolina, you can usually ask the court for an absolute divorce once you and your spouse have lived separate and apart for at least one full year and at least one of you has been a resident of North Carolina for six months or more. North Carolina is a no-fault divorce state. That means you do not have to prove your spouse caused the breakdown of the marriage through misconduct in order to end the marriage.

To be considered legally separated in North Carolina, you and your spouse must live in two different residences, and at least one of you must intend for the separation to be permanent. Simply sleeping in separate bedrooms within the same home is not enough to establish a legal separation.

Your actual divorce case is often handled separately from other important issues that arise when spouses separate, such as division of property and debts (equitable distribution), spousal support (alimony or post-separation support), child custody, and child support. However, certain rights, especially related to property division and alimony, can be lost if they are not properly asserted before the divorce is finalized. Because of this, it is important to talk with an attorney about your full situation before moving forward with a divorce filing.

At Brazil Family Law, our family law attorneys can review your circumstances, explain how North Carolina’s divorce laws apply to you, and help you plan the right sequence of steps to protect your financial and parental interests. Each case is different, so the best way to understand your options is to schedule a consultation and speak directly with an attorney about your specific situation.