Absolute divorce is a declaration by a court that a marriage is dissolved. Once the marriage bond is severed, each party becomes a single person again and is free to remarry.
In North Carolina, there are two grounds for Absolute Divorce:
- Incurable insanity
- Separation for one year
Incurable insanity. An absolute divorce may be granted if a couple has lived separate and apart for three consecutive years as a result of the incurable insanity of one spouse. This must be proved by presenting expert testimony about the nature of the insanity from two doctors licensed by the State of North Carolina.
Separation for one year. More common than incurable insanity. An absolute divorce may be granted if a couple has lived separate and apart for one year. One party must also be a resident of North Carolina for the six months immediately preceding the filing for an absolute divorce. The parties must actually live separately and not maintain any appearance of a marital relationship for one year.