• You and/or your spouse must live in North Carolina for at least six months before filing the action for divorce.
• You must live apart for at least a year and one day.
• You or your lawyer must file a divorce complaint with the Court.
• Your spouse must be served with the complaint.
• Once the judgment for divorce is entered, your divorce is final and you may remarry if you so desire.

Complexity and issues arise when adding other factors into divorce such as child support, spousal support, child custody, and asset division.

My husband cheated on me. Do I automatically qualify for a divorce in North Carolina?
North Carolina is a "no-fault" divorce jurisdiction, so neither party has to prove marital fault in order to obtain the divorce. As long as you and your spouse have been separated (living apart) at least a year and a day and your paperwork is correctly processed through the judicial system, you may obtain a divorce for any reason.  However, infidelity has specific consequences in regards to alimony.

What is an absolute divorce?
Absolute divorce is the termination of a marriage. Either party can obtain an absolute divorce in North Carolina once you and your spouse have lived separate and apart for at least twelve consecutive months and one day. You do not need any written document to show you separated on a given date; you merely need to remember the date on which you separated. You also need to be certain that at least one of you, at the time of the separation, intended for the separation to be permanent.

What if my spouse does not want the divorce?
You can obtain a divorce whether or not your spouse wants to be divorced, if you have been separated for at least one continuous year and a day and the paperwork has been correctly processed.

How long does a divorce take?
A minimum of 45 days from the date your divorce complaint is filed. Depending on your particular circumstances it may take longer.  Please contact an attorney at Haas McNeil & Associates, P.A. to discuss your case.

Does a spouse have to prove fault on the part of the other spouse to obtain a divorce?
No. North Carolina is a no-fault divorce state whereby either spouse may obtain an absolute divorce based on separation for at least one year and a day. The only other ground for divorce is proving your spouse's incurable insanity, and this is rarely used.