North Carolina Absolute Divorce Lawyers

An absolute divorce is the legal process that formally ends a marriage. In North Carolina, spouses generally must live separate and apart for at least one year before either spouse can obtain an absolute divorce. However, ending the marriage is only one part of the divorce process. Important issues involving property, spousal support, child custody, and child support may also need to be addressed.

At Ward Family Law Group, our North Carolina absolute divorce lawyers help clients understand the requirements for divorce and the legal issues that may need to be resolved before a divorce is finalized. Whether you and your spouse have already agreed on the terms of your separation or are facing disputes over finances, property, or children, our attorneys can help you understand your options and determine the appropriate path forward.

Divorce can also affect certain legal rights if they are not asserted before the divorce judgment is entered. Before filing for or finalizing an absolute divorce, it is important to understand what claims you may have and whether any action is needed to protect them. Contact our family law firm today to go over your case and discuss your options.

Why Choose Ward Family Law Group for Your Divorce?

Choosing a divorce lawyer is an important decision. Ward Family Law Group has focused exclusively on family law and divorce since 2000, representing clients in matters ranging from straightforward divorces to complex cases involving property, support, and high-conflict family issues. Our firm has three board-certified family law specialists and an entire team of attorneys experienced in litigation, mediation, arbitration, and other approaches to resolving family law disputes.

This combination of family law knowledge, courtroom experience, and alternative dispute resolution allows Ward Family Law Group to tailor its approach to each client's circumstances and goals.

Linda and her team are heavy hitters with a soft touch. Linda is straightforward about what to expect throughout your individual divorce proceeding. She manages expectations but will truly go to bat for you to work towards an outcome in your favor. I contemplated not using an attorney because my divorce was fairly straightforward but I am very glad that I did as I feel she was able to negotiate in a far more strategic manner than I could- as well as foresee potential obstacles and counteract them. Hiring Ward Family Law Group was money very well spent. Thank you for making an uncomfortable and unfortunate situation as seamless as possible.

-Kristen Wambold

Read more reviews at our Google Business Profile.

Absolute Divorce Matters We Handle in North Carolina

An absolute divorce can be relatively straightforward when spouses have already resolved their related issues. In other situations, obtaining the divorce may be only one part of a much more complicated family law matter.

Ward Family Law Group helps clients with a wide range of divorce-related matters, including:

• Uncontested Absolute Divorce: Our attorneys help spouses who have reached an agreement, or who have few disputed issues, navigate the legal process of obtaining an absolute divorce.

• Contested Divorce: We represent clients when unresolved financial, support, custody, or other family law issues require negotiation, litigation, or another approach to dispute resolution.

• Divorce After One Year of Separation: Our attorneys help clients understand North Carolina's separation and residency requirements and take the necessary steps to obtain an absolute divorce.

• Alienation of Affection Claims: Our attorneys represent clients in claims involving the alleged loss of marital affection, including helping clients understand the legal requirements, potential defenses, and litigation process.

• Divorce and Property Distribution: We help clients address the division of marital and divisible property and debt through North Carolina's equitable distribution process.

• Divorce and Spousal Support: We help financially dependent spouses pursue postseparation support or alimony while helping supporting spouses understand their potential obligations.

• Divorce and Child Custody: Our attorneys help parents address parenting arrangements and custody disputes that arise during or alongside the divorce process.

• Divorce and Child Support: We help parents establish, modify, or otherwise address child support obligations based on their financial circumstances and parenting arrangements.

• Separation Agreements: We help spouses negotiate and prepare agreements addressing property, support, and other issues arising from their separation.

• Divorce Involving Complex Financial Matters: Our attorneys help clients navigate divorces involving businesses, retirement accounts, investments, real estate, and other complicated financial interests.

Because these issues can overlap, your divorce may involve several areas of family law. Our attorneys can help you address your legal concerns as a whole rather than treating the divorce judgment as an isolated matter.

What Are the Requirements for an Absolute Divorce in North Carolina?

North Carolina generally allows either spouse to obtain an absolute divorce after the spouses have lived separate and apart for at least one year. Under North Carolina General Statute § 50-6, either the plaintiff or defendant must also have resided in North Carolina for at least six months before the divorce action.

One Year of Separation

The spouses must have lived separate and apart continuously for at least one year before the divorce can be granted under G.S. § 50-6.

The separation period must be continuous. If the spouses resume their marital relationship, the separation period may be interrupted and may need to begin again. North Carolina law directs courts to determine whether marital relations resumed under G.S. § 52-10.2.

Living Separate and Apart

For purposes of an absolute divorce, spouses generally must maintain separate residences. Simply sleeping in different bedrooms or considering yourselves separated while continuing to live together does not ordinarily satisfy the statutory requirement.

Six-Month North Carolina Residency

At least one spouse must have resided in North Carolina for six months immediately before the divorce action is filed. The fact that a couple was married in another state does not necessarily prevent them from obtaining a divorce in North Carolina if the residency requirements are satisfied.

Does North Carolina Require a Reason for Divorce?

No. North Carolina permits a no-fault absolute divorce based on one year of separation. You generally do not have to prove that your spouse caused the marriage to end in order to obtain a divorce under G.S. § 50-6.

That does not mean that marital misconduct is irrelevant to every issue in a family law case. For example, evidence concerning the spouses' conduct may be relevant to certain claims for spousal support.

In other words, you may not need to prove fault to end your marriage, but circumstances surrounding the marriage can still matter when addressing other legal issues.

What Is the Difference Between Separation and Absolute Divorce?

Separation and absolute divorce are not the same thing.

When spouses separate, they remain legally married. They may enter into a separation agreement addressing issues such as property and other financial aspects, but the marriage itself has not been dissolved.

An absolute divorce, on the other hand, legally ends the marriage. Once the divorce judgment is entered, the spouses are no longer married and generally regain the ability to marry another person.

The distinction is important because some legal rights can be affected by an absolute divorce. North Carolina General Statute § 50-11 addresses the effects of an absolute divorce, including the loss of certain rights arising from the marriage and the preservation of certain claims that were properly asserted before the divorce judgment.

Do You Need a Separation Agreement to Get Divorced?

No. North Carolina does not require spouses to have a separation agreement before obtaining an absolute divorce.

However, a separation agreement can be an important part of the overall separation and divorce process when spouses need to resolve issues involving debt, spousal support, or other matters.

A separation agreement can also provide clarity about the parties' financial and personal arrangements while they remain separated.

Because the appropriate terms depend on your circumstances, it is important to understand what claims you may have before signing an agreement—or before proceeding with an absolute divorce.

What Should You Resolve Before Your Divorce Is Final?

Obtaining an absolute divorce does not automatically resolve every issue arising from the marriage. Depending on your circumstances, you may need to address several separate claims before your divorce is finalized.

Property Division

Marital property and debt may need to be divided through equitable distribution. This can involve homes and other real estate, vehicles, bank and investment accounts, retirement benefits, business interests, and debts.

If equitable distribution is an issue, timing is particularly important. North Carolina law generally provides that an absolute divorce destroys a spouse's right to equitable distribution unless that right was asserted before the divorce judgment.

Learn more about property distribution.

Spousal Support

A financially dependent spouse may have a claim for postseparation support or alimony. The timing of these claims can also matter.

G.S. § 50-11 provides that an absolute divorce does not affect certain alimony or postseparation support rights that have already been asserted in the appropriate action.

Learn more about spousal support.

Child Custody

If you and your spouse have minor children, you may need to establish a parenting arrangement addressing where the children will live, how parenting time will be divided, and how important decisions will be made.

Child custody is a separate legal issue from the divorce itself.

Learn more about child custody.

Child Support

Parents may also need to establish or modify child support based on their financial circumstances and parenting arrangement.

Learn more about child support.

Can You Lose Property or Support Rights When You Get Divorced?

Potentially. This is one of the most important reasons to understand your legal rights before an absolute divorce is finalized.

Under G.S. § 50-11, an absolute divorce generally destroys a spouse's right to equitable distribution unless the claim was asserted before the divorce judgment. The statute contains specific exceptions, including circumstances involving service by publication.

The statute also addresses the effect of divorce on alimony and postseparation support claims. Certain claims that were properly asserted before the divorce are not automatically eliminated by the divorce judgment.

This means that filing for an absolute divorce—or allowing a divorce to be finalized—without understanding your unresolved claims could have significant consequences.

If you have not yet filed for divorce and have unresolved questions about property, support, or other marital rights, speaking with a North Carolina divorce attorney beforehand can help you understand what needs to be addressed.

What Does the Absolute Divorce Process Look Like?

The specific process can vary depending on your circumstances, but a North Carolina absolute divorce generally involves several steps.

1. Confirm That You Meet the Divorce Requirements

You and your spouse must satisfy North Carolina's separation and residency requirements before an absolute divorce can be granted.

2. Identify Any Related Legal Claims

Before proceeding, consider whether you have unresolved issues involving property distribution, spousal support, child custody, child support, or other family law matters.

3. Determine Whether an Agreement Is Appropriate

If you and your spouse can reach an agreement about some or all of your outstanding issues, a separation agreement or other settlement may provide a way to resolve those matters without litigation.

Ward Family Law Group also provides mediation and arbitration for family law disputes when an alternative to courtroom litigation is appropriate.

4. File the Divorce Complaint

The spouse seeking the divorce files a complaint with the appropriate North Carolina court. The complaint begins the legal action.

5. Properly Serve the Other Spouse

The other spouse must receive legal notice of the divorce action through an approved method of service. If a spouse cannot be located, additional steps may be required before an alternative method of service, such as publication, can be used.

6. Complete the Required Legal Process

Depending on the circumstances, the parties may need to address disputed claims, complete required filings, or participate in other court procedures before the divorce can be finalized.

7. Obtain the Divorce Judgment

Once the legal requirements have been satisfied and the case is ready for a final judgment, the court can enter the absolute divorce judgment formally dissolving the marriage.

How Long Does Divorce Take in North Carolina?

For most North Carolina absolute divorces, the spouses must live separate and apart for at least one year before either spouse can obtain a divorce under NC state law. At least one spouse must also have lived in North Carolina for six months before the divorce action is filed.

The court process after the one-year separation period can vary. Factors such as proper service, the county where the case is filed, whether the divorce is contested, and whether related claims remain unresolved can all affect how long the matter takes.

The one-year separation requirement should therefore not be confused with the amount of time it takes to complete the divorce after filing.

What If My Spouse Does Not Want a Divorce?

Your spouse generally cannot prevent an absolute divorce simply by refusing to agree to it if the statutory requirements for divorce have been satisfied.

North Carolina's no-fault divorce statute allows either spouse to seek an absolute divorce after the parties have lived separate and apart for one year and the residency requirement has been met. State law also provides that a divorce under the statute is not barred by certain defenses based on the grounds for divorce from bed and board.

However, disagreement about the divorce does not necessarily mean there will be no other disputes. Your spouse may still contest issues involving property, spousal support, child custody, child support, or other matters.

Talk With a North Carolina Absolute Divorce Lawyer

An absolute divorce formally ends your marriage, but the divorce judgment may also affect important legal rights. Before filing or finalizing your divorce, it is important to understand whether you have unresolved claims involving property, spousal support, child custody, child support, or other matters.

Ward Family Law Group has focused on family law and divorce since 2000. Our attorneys help clients throughout North Carolina understand their legal options and navigate divorce matters ranging from straightforward uncontested divorces to complex cases involving significant financial or family law issues.

If you are considering divorce or have already begun the process, contact Ward Family Law Group to schedule a consultation with a North Carolina absolute divorce lawyer. Our offices in Cary and Wake Forest serve clients in Wake County and surrounding communities.