Divorce
Absolute Divorce
Once you have lived separate and apart for a year and if you
or your spouse have been a legal resident of North Carolina for
at least six months, you can file a lawsuit - by filing a document
called a Complaint - for a divorce. It is not necessary to show
"fault" (such as an extra marital affair) in order to get divorced
in North Carolina.
If you have not already addressed issues of child custody,
support, spousal support, alimony, and equitable distribution,
you can also include these causes of action in the divorce
Complaint.
If you are served with a divorce complaint by your spouse or
spouse's attorney, you have 30 days to file a response, or
Answer, and include any counterclaims you might have. If you
are served with a Complaint for divorce and have not settled
the other issues regarding spousal support and equitable
distribution, you should consult with an attorney about filing an
Answer. Marie Mobley can advise you whether you can or
should address these issues in your Answer. Issues of spousal
support and equitable distribution will be lost if they are not
filed before you or your spouse obtains the divorce judgment.
A Complaint seeking an absolute divorce only can be quite
inexpensive and Marie Mobley may be able to handle your
divorce without your ever having to go to court to testify. To
make an appointment with Marie Mobley to discuss your
divorce, click here.
If your spouse doesn't want the divorce?
In North Carolina, you can get a divorce even if your spouse
doesn't want a divorce, provided you two live separate and
apart for one year without the intent, by at least one of you, to
resume your marriage.
Divorce from Bed & Board
North Carolina law allows for court ordered separation
through a cause of action called a divorce from bed and board.
The term is a misnomer, though, because a divorce from bed
and board is not a true divorce. This cause of action is typically
used when one spouse refuses to leave the home or separate.
A person can request that a court initiate the one year
separation period by ordering one of the spouses, generally the
Defendant, out of the marital home. In order to prevail in a
divorce from bed and board action, the party seeking the
divorce from bed and board must show fault on the part of the
other spouse.
To schedule an appointment with Marie Mobley, click here.
