• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Schedule a Consultation(704) 248-7683
  • Home
  • About
    • Blog
    • Divorce Resources
  • Legal Team
  • Practice Areas
    • Family Law
      • Alimony
      • Child Custody
        • Third Party Custody
        • Grandparents’ Rights
        • Paternity and Legitimation
      • Child Support
      • Divorce
        • Absolute Divorce
        • Divorce From Bed and Board
        • Divorce Resources
      • Domestic Violence Protective Orders
      • Enforcement of Orders – Contempt
      • Equitable Distribution
      • Guardianship
      • Prenuptial Agreements
      • Postnuptial Agreements
      • Separation Agreements
        • Enforcement of a Separation Agreement
      • Spousal Support
      • Family Law A-Z
    • Civil Litigation
  • Testimonials
  • Consultation

​Meaning of Absolute Divorce in North Carolina

December 8, 2018 by Stephen Corby

In North Carolina, an absolute divorce is a legal termination of the marriage. Since North Carolina is a no-fault state, no proof of wrongdoing in the marriage is needed to obtain the divorce. Either spouse can file an absolute divorce complaint in any North Carolina court. However, before filing for a divorce, there are things you need to know. Either party to the divorce has to prove:

Parties are Currently Married

In order to obtain an absolute divorce, it is obvious that the parties must still be legally married. But some people have the misconception that separation affects the legal status of a marriage. Separation in North Carolina whether legal or not does not dissolve a marriage. Couples who are separated still are considered married and can take advantage of the benefits of marriage.

Six Month Residency

Either spouse must have resided in North Carolina for six months prior to the filing for absolute divorce. Residency refers to a permanent or indefinite intent to live in the state.

One Year Separation

Separation is one of two grounds available to seek a divorce. Spouses must have lived separately and apart for one year prior to filing for an absolute divorce. This separation must be a continuous 12 months. The spouse would need to provide the beginning date of the separation to the court. They will also need to show proof that the two spouses have lived in separate residences for the one year period. If the marriage resumes within the separation period, the time resets and the spouses will have to live apart for another 12 months in order to obtain a divorce.

Incurable Insanity as Grounds for an Absolute Divorce

This is another ground available for obtaining an absolute divorce. Incurable insanity is when a spouse suffers from a mental illness or impairment that results in confinement in a medical facility. This means the medical care occurs outside the marital home and it prevents the spouses from living together. A judge can grant an absolute divorce if the mental illness caused the spouses to live separate and apart for three consecutive years. The healthy spouse can prove incurable insanity of the other spouse with two sworn statements from practicing and reputable physicians, including the treating physician. In cases of incurable insanity, the absolute divorce filing cannot be based on the one-year period of separation.

No Intention of Resuming Marriage

There should be no intention of resuming the marriage. A separation of the spouses has been pursued. At least one of the spouses in the marriage intends the separation to be permanent.

An absolute divorce in North Carolina should be handled by a knowledgeable and experienced lawyer. It is possible to file on your own, but you could possibly waive certain rights, if you are not fully informed. For example, your rights regarding alimony and property may be lost, if they are not dealt with before the courts grant your divorce. At Emblem Legal in Charlotte, NC, your legal needs concerning divorce, alimony, child support or equitable distribution will be addressed expertly and professionally. Contact us today to schedule a consultation.

Categories: Family Law Tags: Absolute Divorce, Charlotte Law, charlotte lawyers, Divorce, divorce law

Primary Sidebar

Practice Areas

  • Civil Litigation
  • Family Law

Schedule a Consultation

    Want to know more?

    Talk with us.

      Footer

      Contact

      Charlotte Office logo Charlotte Office

      301 S. McDowell Street, Suite 1000
      Charlotte, NC 28204

      Tel: (704) 248-7683
      Driving Directions

      Practice Areas

      • Civil Litigation
      • Family Law

      Connect With Us

      The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with the Emblem Legal, PLLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Emblem Legal, PLLC.

      Emblem Legal, PLLC © 2025. All rights reserved. | Sitemap | Privacy Policy