Absolute divorce

If you live in North Carolina, you may have heard the term “absolute divorce” used in reference to divorce. The word “absolute” is a term of art, meaning that a court has terminated a marriage permanently. In other words, any kind of divorce in North Carolina is a type of absolute divorce, whether it’s an uncontested divorce, a contested divorce, or a divorce involving other special situations. At Routh Law, we handle all aspects of absolute divorce,

If you and your spouse have been physically separated for one year, then you are eligible to get divorced under North Carolina law. In other words, you and your spouse must have been living in different residences in the year leading up to the divorce, and at least one spouse intended for the separation to be permanent.

You do not need the consent of your spouse to get divorced in North Carolina. Your spouse is not required to file anything in court, attend a divorce hearing in court, or sign any legal documents. The only other requirement is that your spouse must receive legal notice that you have filed for a divorce.

Another ground for divorce in North Carolina is incurable insanity. If a couple lives separately and apart for 3 years due to the incurable insanity of one spouse, an absolute divorce may be granted. Testimony is required from two doctors to prove incurable insanity before a divorce can be granted.

Click here for more information on the divorce process in North Carolina.

North Carolina is a no-fault divorce state, meaning that spouses can get divorced without proving that one spouse was the reason for the divorce. The one year separation, and required intent that the separation be permanent, can be proven with your testimony or written statement given under oath.

Unfortunately, you cannot get divorced in less than one year in North Carolina. In order to be eligible for a divorce, you and your spouse must be separated for one year, and at least one spouse must intend for separation to be permanent.

You can obtain an absolute divorce regardless of where your spouse lives, as long as you live in North Carolina at the time you file for divorce and have lived in the state for six months prior to filing. However, notice requirements still apply, and the rules surrounding notice may vary depending on the state where your spouse resides.

In North Carolina, any property that is acquired during the marriage is typically classified as marital property with a few exceptions. On the other hand, any property that was acquired before a marriage is considered to be separate property. In a divorce, marital property will be divided among the spouses, whereas separate property will not. There is also a third category, “divisible property,” which is a term that refers to the changes in value in marital property in the year or years between physical separation and the divorce. Depending on the specific facts of a case, divisible property may be divided between the parties.

In North Carolina, property is divided through equitable distribution. Equitable, however, does not always mean equal. There are many factors that allow for an unequal distribution of marital and divisible property in situations where a 50/50 split would not be equitable.

After a divorce, a dependent spouse may receive spousal support payments, or alimony, from a supporting spouse. In North Carolina, there are no set formulas to determine how much support one spouse receives from another. Rather, the court will determine what level of support is appropriate based on the facts of the case. Similarly, there are no guidelines for how long alimony lasts. This too is determined by the specific facts of the divorce.

If you are considering a divorce, you should contact an experienced family law attorney. You may consider filing for divorce on your own, however, even the most amicable separations can lead to issues related to property distribution, spousal support, child custody, and more. Having an advocate on your side that understands your goals and the life you are trying to build is critical to fighting for your interests. Divorce is never easy, even if the process is relatively smooth. You need an attorney who is willing to support you, guide you through the process, and fight for your rights during the divorce process.

​​Chances are, your first meeting with a family law attorney will be one of your first. After scheduling a consultation with Routh Law, you may be wondering what you should bring to your first consultation. Coming prepared for this first meeting will help us determine if our law firm is a good fit for your situation and help us begin preparing your care. Here is what we recommend bringing:

• A list of questions - develop a running list of questions that you would like to ask us about your case, the terms of representation, and the divorce process. Having a list prepared for the first meeting will put your mind at ease and help us thoroughly address all of your concerns.
• Legal documents relevant to your case - You may have previously signed legal documents that will impact the outcome of your divorce. These documents might include a premarital agreement, a postnuptial agreement, a child custody order, or a separation agreement. Bringing these legal documents to your first meeting will help us understand the history of your case and advise on the next best steps.
• Financial documents - If you are currently married and are separated, or you are considering separating from your spouse, you should gather as much information as possible about your marital assets and debts. This includes tax returns, credit card statements, checking account statements, retirement account statements, brokerage statements, student loan statements, and more. This information will help us provide the most accurate advice for your situation. If you are unable to collect all of this information, don’t worry. There will be opportunities to collect this information further into representation.
• A timeline of your marriage - Before your initial meeting with us, we ask that you create a timeline of major events in your marriage. It is helpful to organize the history of your marriage so that we can discuss the events that will impact your case. Hearing your account of the marriage is extremely helpful for our team as we develop your case.
• Income statements - In addition to financial statements, we ask that you bring income statements as well. Your case may involve child support, alimony, or post separation support. Information that would be helpful in developing your case includes federal and state income tax returns, a current pay stub, pension statements, Social Security proof of income letter, annuity statements, unemployment benefits statements, workers compensation letter, and, for self-employed individuals, profit and loss statements or ledger documentation.

Lastly, we want to know what your goals for divorce are. Before our initial meeting, think through what you would like to get out of your divorce. We want to understand your goals and develop a strategy to achieve them.