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ABSOLUTE DIVORCE

The term absolute divorce refers to the process of obtaining a judgment of absolute divorce which legally dissolves and terminates the marriage. A claim for a divorce is separate from, and does not include, claims for custody and support of children, postseparation support and alimony, and equitable distribution of property and debts.

In North Carolina it is not necessary for support and property claims to be resolved before a divorce can be granted; however, claims for post-separation support, alimony and equitable distribution (division of property and debt) MUST be asserted before the divorce is granted; if such claims are not asserted, they are lost.

In North Carolina there is customarily one ground for divorce; that is, the separation of the parties for more than one year. You cannot file the complaint until a year and a day following the separation. One of the parties must have been a resident of North Carolina continuously for the six months prior to filing the complaint.

It is IMPERATIVE that if you have plans to marry within 90 days of your plans to file for divorce that this is disclosed to your attorney immediately. There are many factors beyond your attorney’s control that may delay the finalization of the divorce, such as service issues or acquiring a hearing date as necessary. Your advising your attorney of your wedding plans as far in advance as possible may prevent your plans being canceled as a result of your divorce not being finalized due to one of these circumstances beyond your attorney’s control.