No Fault Divorce Law & Absolute Divorce in North Carolina
North Carolina is officially a no-fault divorce state. You may often hear the term uncontested divorce. A contested divorce is where the husband and wife involved cannot agree on dividing up the property, child custody, etc. Because North Carolina is a no-fault divorce state, you and your spouse may disagree on child custody, for example, but once you have met the separation requirement, one of you may file for divorce.
To read the North Carolina statutes on absolute divorce, visit the North Carolina General Assembly.
Filing For Absolute Divorce
Before a lawyer prepares divorce papers for filing in North Carolina, it is important to be sure you are eligible and have met the legal requirements for filing. Ask yourself the following questions:
- Have either you and/or your spouse lived in North Carolina for at least the last six months?
- Has it been at least one year and one day since you and your spouse separated? (And by separation, you must have lived in separate homes.)
If you answered ‘yes’ to both questions, you should be eligible to file for divorce.
The Wake County Court publishes a divorce packet available to the public free of charge. Remember: neither the Clerk of Court nor the clerk’s staff are able to give you legal advice or answer legal questions.
Absolute Divorce Process
Here’s a quick divorce process step-by-step:
- File a Complaint for Absolute Divorce with the Court
- Complaint is served on the defendant by sheriff, certified mail, etc.
- Wait 30 days for defendant to respond; after thirty days, schedule hearing
- Court Hearing at which time Judge will execute Judgment for Divorce