Home About Our Firm Our Attorneys Practice Areas FAQs Client Resources Testimonials Our Community Contact Us
Practice Areas
Family Law
Wills & Estates
Collaborative Law
Angela Haas
Contact Info
Haas McNeil & Associates, P.A.

3200 Wake Forest Road
Suite 240
Raleigh, NC 27609
PH: 919-783-9669 
FAX: 919-783-7235 
Email for more information

Quick Contact
Name:
Phone:
Email:
How Did You Hear about Us?
Comments:
 

 
 
Family Law
Absolute Divorce

There are two grounds for divorce in North Carolina: 

The first is that the spouses are separated (actually living in two separate locations, not different rooms of the same house) consecutively for at least a year and a day.  When they separated at lease one of them had to have had the intention to end the marriage (the other spouse does not have to feel the same way).  Also the marital relationship should not have resumed at any point during the separation period (isolated incidents of sexual intercourse between spouses is not enough to be considered resumption of marital relations - resumption of marital relations is determined by all of the circumstances). 

In most cases the only requirement to prove separation is one spouse's testimony, written and verified or given in person at the courthouse, stating the date the couple separated.  There is no need for any documents to prove separation unless the other spouse contradicts the testimony.

Read North Carolina statutes regarding divorce after separation of one year.

The second ground for divorce is in the event that one spouse is incurably insane. In order to file for divorce, the spouses must have lived apart for three consecutive years because of the insanity.  After the three year separation the spouse who is not insane can file for divorce.

Read North Carolina statutes regarding absolute divorce in cases of incurable insanity.

The vast majority of the time divorce actions are filed after separation for a year and a day.  If there are no issues to be heard by the court, such as child custody, child support, alimony, equitable distribution (distribution of property acquired during the marriage or otherwise in dispute), spouses can have their case resolved and get a judgment for divorce in as little as two months.

Even if other issues are still pending with the court, it is possible to obtain a judgment for divorce before those issues are resolved.  It is very important to understand that unless a claim for alimony has been filed with the court before the entry of a divorce judgment (that means, before the court grants the divorce) the right to alimony is lost.  The same is true regarding a claim for equitable distribution of property.

When filing for absolute divorce, a woman can file to resume use of her maiden name, the name of a living former spouse with whom she has a child or children with the same last name, or the name of a former spouse who is deceased.  There is no extra cost for the name change if it is done at the time of divorce.

Read North Carolina statutes regarding resumption of maiden (applicable to women) or pre-marriage surname (applicable to men).

It is possible to file for absolute divorce without an attorney, however there are risks.  Divorce is a legal process and when a marriage breaks up both sides have legal rights, including rights to the income and property acquired during the marriage, and possibly future income.  Future income may include income from company pension plans, 410(k), IRA's and Social Security. Protect you rights; talk to an attorney at Haas McNeil & Associates, P.A before signing any agreements.
 


Home | About Our Firm | Our Attorneys | Practice Areas | FAQs
Client Resources | Testimonials | Our Community | Contact Us



Disclaimer:  The information contained on this site is provided as a public service for informational purposes only and is not intended to be a comprehensive statement of the law.  The reader is advised to check for changes to current law and to consult with a qualified attorney on any legal issue before taking action of any kind.  The information presented on this site should not be construed to be formal legal advice or to create or imply the formation of a lawyer-client relationship between the reader and this firm.


Copyright © Haas McNeil & Associates, P.A. All Rights Reserved.