When you hear the word “divorce” in North Carolina, it can mean different things to different people.  “Absolute Divorce” is the severing of the bonds of matrimony between two spouses.

Think of it literally as – the piece of paper, signed by a judge, that says that you are now divorced.  This order of Absolute Divorce carries with it many legal effects.  However, this action does not address custody of your children, division of your marital property, child support, alimony, etc.  Those are separate matters that can be handled in the same lawsuit as an Absolute Divorce, or often times earlier and separately (with some notable exceptions concerning marital property and alimony).  Those other claims concerning your children and property may matter the most to you, and may be the type of matters that you are thinking about when you use the word “divorce.” However, they are distinct from the Absolute Divorce.

North Carolina is a “no fault” divorce state.  We have one ground for divorce - one year of separation.  No amount or severity of marital fault is relevant to this issue.  Depending on your perspective, this may come as good news.  Marital fault is relevant to other issues, most particularly Alimony, but has no bearing on your grounds for divorce.  After you have been continually separated from your spouse for one year, with the intent of one or both of you to remain separate and apart and not resume the marital relationship, you are entitled to file for a divorce. 

Once hired to file for divorce for you, we will draft a Complaint for Absolute Divorce alleging that you have been separated for one year, file it and serve it on your spouse.  Your spouse will have 30 days to file an Answer to the Complaint, setting out whether they are contesting that you have in fact been separated for one year, and possibly initiating other claims for custody, equitable distribution, etc.  But, once your spouse’s time to answer the Complaint has expired, unless they have contested whether there has been a year of separation, you should be divorced promptly thereafter.  Your spouse’s consent is not needed for a divorce, it is only a matter of if you have been separated for one year, or not.  Be aware, your spouse can request an extension of 30 days to answer the complaint without needing to provide a reason, extending their time to answer the complaint to 60 days and extended the time you will have to wait to be divorced. 

(Note:  I have learned from experience to convey this to you in non-negotiable terms:  DO NOT even start to plan to get re-married until 30 days after you have an Absolute Divorce order signed by a judge.  I know, to many of you the notion or getting married again sounds laughable or absurd, especially so quickly.  But I assure you, somewhere a crisis will have been averted.)