Attorneys Jessica S. Bullock, Taylor D. Clay and Adam D. Furr

Exceptional Advocacy From Three Board-Certified Family Law Attorneys

Absolute Divorce Basics in North Carolina

On Behalf of | Feb 23, 2024 | Divorce

By: Jessica S. Bullock, Board Certified Family Law Specialist

The one where they marry in Vegas…

Ross Geller and Rachel Greene from the hit sitcom “Friends” are famous for their on again off again relationship. While on a group trip in Las Vegas in a drunken state, Ross and Rachel found a chapel and spontaneously decided to get married.  They are back on! This shocked the whole group and it even surprised Ross and Rachel the day after their nuptials. What happens in Vegas did not stay in Vegas.

Back in New York, Ross promised Rachel he would take care of it. However, Ross had been married twice before and revealed to his lawyer that his second marriage ended because he said Rachel’s name at the altar and not his future wife’s name. So, Ross decided to secretly forgo his third divorce and not tell Rachel they are still married. Oops! Once Rachel finds out, she takes matters into her own hands, and they eventually end up divorced.

If Ross and Rachel were in North Carolina and needed to fix this little mistake, could they?  The answer is yes, BUT it is more than likely that they would need to be separated for more than one year in order to file for an absolute divorce.  North Carolina has very limited basis by which you can obtain an annulment, which I will write on later.

North Carolina is a no-fault divorce state, which essentially means that in order to get divorced all you need is to (1) have resided in North Carolina for more than six months before filing and (2) be separated for more than one year.  The residency requirement involves one spouse living in North Carolina for the prescribed time period (not both).

“Separation” means to live physically separate and apart from one another with the intent on the part of at least one spouse to remain separate and apart.  Separation does not mean, for example, that you do not share a bedroom for a year; that it’s been a year since you truly were happy; or that you have not been intimate in one year.

If parties are involved in a dispute over their date of separation, the court may look at the following, by way of example but not limitation, in order to make a decision: (1) physical separation (2) whether or not the parties held themselves out to the public (family and friends) as married or separated (3) potential periods of reconciliation and (4) intent of the party claiming to have been separated for the proscribed time period.

It is important to note that you should consult an experienced family lawyer before filing for absolute divorce, because if there are unresolved issues relating to equitable distribution (property division) and/or alimony you MUST file those issues with your divorce complaint, or they will be forever lost.