An Absolute Divorce also referred to as a Simple Divorce, is the legal process that simply ends a marriage.

To file a complaint for a divorce in North Carolina at least one spouse must be a resident of North Carolina and must have been a resident for a minimum of six months prior to filing the complaint for a divorce. 

North Carolina grants a divorce on a no-fault basis. 

This means the spouse seeking a divorce does not have to prove that the other spouse’s behavior is the reason for the divorce. The only requirement for obtaining a divorce is that the spouses live separate and apart for at one year and day with one spouse intending for the separation to remain permanent.  Living separate and apart does require the spouses to live in separate residences. 

Filing a claim for an absolute divorce does not address issues related to marital property, child custody, child support, alimony, or post-separation support.  If issues related to the distribution of marital property, alimony, or post-separation support, are not filed or preserved prior to obtaining a divorce the claims are essentially waived.  

It is important to consider what marital property you may be entitled to prior to filing for an Absolute Divorce. 

Consult with an attorney, about the specific facts of your case, prior to filing for an absolute or simple divorce to ensure the preservation of rights to marital property, alimony, or post-separation support in which you may be entitled to receive.

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