North Carolina is a no-fault basis jurisdiction with respect to obtaining an absolute divorce. An absolute divorce is the process of legally dissolving the marital bond between two spouses. In order to obtain a Judgment of Absolute Divorce from the Court, either spouse must show: 1) A legal marriage exists; 2) At least one spouse has been a citizen or resident of North Carolina for at least 6 months; and 3) the spouses have been separated for a period of one (1) year and desire to end the bonds of matrimony.
Once an absolute divorce is granted, you will lose your rights to equitable distribution and spousal support if you have not asserted these claims prior to the Court entering the judgment of absolute divorce. In any event, an absolute divorce does not affect either party’s rights with respect to their children. Claims for child custody and child support may be brought at any time and are independent of marital status.
The attorneys at Parton Buckingham, PLLC will evaluate your case and determine whether you are eligible to obtain an absolute divorce and ensure your rights are protected.
For More Information on Obtaining a Judgment of Divorce
To schedule a consultation to discuss your divorce matter with one of the family law attorneys at Parton Buckingham, PLLC, please call us at 704-376-4488.