North Carolina Divorce Requirements
North Carolina has specific requirements for an absolute divorce.
Generally:
One year of separation: The spouses must have lived in separate residences continuously for at least one year, with at least one spouse intending the separation to be permanent.
State residency: At least one spouse must have lived in North Carolina for six months immediately before the divorce action is filed.
Proper legal procedure: The required documents must be filed, and the other spouse must receive appropriate legal notice.
A written separation agreement is not required simply to obtain an absolute divorce. However, a separation agreement may be important for resolving financial and other issues between spouses.
A divorce is not the same as resolving all claims arising from a marriage. Property division and alimony rights deserve particular attention before the divorce becomes final.
If you have questions about your eligibility, an attorney can help you determine what applies to your situation.