Located in Charlotte, North Carolina

What's an Absolute Divorce in North Carolina?

Divorce laws in North Carolina differ from many other states. If you're considering filing for a divorce, you may have heard the term "absolute divorce" at some point and wondered what it meant. We're answering that question, so you can proceed with confidence in your divorce.

To schedule a consultation with our team and work with an experienced divorce attorney, contact us online or via phone at (704) 659-0007.

What Does "Absolute Divorce" Mean?

Getting an "absolute divorce" just means legally dissolving your marriage in North Carolina. The fact the terminology is different than many other states sometimes causes people to assume it's a special form of divorce, but that isn't the case.

How Do I Get an Absolute Divorce in NC?

Where North Carolina does differ from many other states, however, is in how the state handles the divorce process overall.

To obtain a divorce in North Carolina, you must live "separate and apart" from your spouse for at least a year and a day or prove that your spouse is incurably insane.

Generally, there is no way to avoid this divorce requirement. In certain situations - such as where family violence is a factor in the case, and the court fears for the safety of the survivor/victim - the court may decide to waive the requirement for parties to live apart for a year and a day, but it's up to the court's discretion.

Like other states in the U.S., North Carolina offers individuals who file for a divorce the option to choose between obtaining an uncontested or contested divorce.

If you agree with your spouse on terms for the divorce, you may be able to obtain an uncontested divorce by compiling those terms in a divorce settlement agreement, which both parties must sign.

Alternatively, if you disagree on terms for your divorce, you will need to rely on the court to resolve your divorce for you by obtaining a contested divorce. This involves attending a trial, during which both parties can present evidence to help the court determine what would constitute an equitable outcome for the divorce.

Regardless of how you obtain your divorce, once all's said and done and the court issues a divorce decree to finalize the dissolution of the marriage, you'll have an absolute divorce.

At Rech Law, P.C., our team can ensure you pursue the best possible outcome in your divorce. Contact us online or via phone at (704) 659-0007 to learn more!

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