After all other means have been tried to save a marriage, sometimes a divorce cannot be avoided. In these situations, and after separation requirements have been met, the attorneys of Alexander & Doyle, P.A. can help you through the legal process for filing a divorce in NC.
North Carolina refers to divorce as an Absolute Divorce. North Carolina is considered a “no fault divorce” state. In other words, if you meet the requirements below you can obtain an Absolute Divorce. There is no requirement that either party claim the other party is at fault.
The requirements for an Absolute Divorce are as follows:
- you and your spouse have lived separate and apart for one year with the intent of at least one of the parties to remain permanently separate and apart; and
- either you or your spouse have lived in North Carolina for a period of 6 months.
Although these are the only requirements for obtaining an Absolute Divorce, there are several allegations that must be included in the Complaint for Absolute Divorce. You will want a reliable Cary family attorney to help you.
It is important to know that if you have not properly filed a claim for spousal support and/or an action to distribute your property or there is not a signed valid separation and property settlement agreement, you are waiving your right to divide your property and/or obtain spousal support.
The Divorce “Process”
Although many clients may see a divorce as the beginning of his/her family law case, the divorce is often actually the end of the family law case.
The issues which are generally most important to the client include: Child custody, child support, post separation support, alimony and equitable distribution. These issues can be resolved after the date of separation, but often prior to the divorce.
It is important to know that if the opposing party files for divorce, and no claim for alimony and or equitable distribution is “pending”, and the divorce judgment is granted, then the party is forever waiving their right seek alimony and/or equitable distribution. For a case to be “pending” means that an action for alimony and /or equitable distribution is appropriately filed with the court.
It is important to seek advice from a family law attorney prior to date of divorce to make certain the claims are properly preserved.
A final absolute divorce judgment allows parties to remarry. The absolute divorce in North Carolina does not resolve the issues of child custody, child support, post separation support, alimony and equitable distribution.
Contact an experienced attorney at Alexander & Doyle, PA to discuss the issues that affect you.
See What Our Clients Have To Say
Excellent! ★ ★ ★ ★ ★
“I hired Andrea to handle my divorce/child custody. Andrea is very compassionate and easy to talk with and straightforward. She explained the process at a level that eased understanding. She gave me all the options and the pros and cons and worked with me to make the best decisions for me and my personal situation. Andrea and her staff were a pleasure to work with.”
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“I was taken by surprise by my husband’s actions and his request for a divorce. I could not have been happier with my choice to have Ann-Margaret help me through. I met her in tears but was quickly comforted by her and her extremely caring secretary and legal assistant. She was very knowledgeable in the laws surrounding my case and she made sure I understood them if I had questions. I was truly impressed with her ability to talk to his lawyer and convey what she felt was correct.”
Need an Experienced Divorce Attorney?
Should you receive a complaint for divorce, contact the attorneys at Alexander & Doyle, P.A. to review the complaint and take any necessary steps to protect you. Fill out the form below to inquire about your consultation.