Divorce Lawyers In Asheville, NC

In the state of North Carolina, the legal dissolution of a marriage is referred to as “absolute divorce,” and it is a completely separate from issues such as child support, child custody, alimony, and property division. North Carolina is a “no-fault” divorce state, meaning the parties aren’t required to prove any wrongdoing on the behalf of the other party in order to file for an absolute divorce.

Upon being granted an absolute divorce, certain rights will end, including a spouse’s right to share in the other spouse’s estate, and the right to file a claim for spousal support or equitable distribution.

Our experienced divorce lawyers can help guide you through the process of obtaining an absolute divorce in North Carolina. Contact Blue Ridge Family Law Group today to request a consultation with our divorce attorneys.

What Is An Absolute Divorce?

An absolute divorce is the permanent legal termination of a marriage and all of the rights and privileges that come with being married. Once a court grants an absolute divorce, the marital relationship between spouses is fully dissolved, and both parties are considered single and free to remarry. Unlike a legal separation, which keeps parties married on paper while living apart, an absolute divorce changes your legal status and impacts your financial and legal rights. Because of this, timing, preparation, and advice from our skilled divorce attorneys is essential, especially if issues like alimony or property division remain unsettled.

Requirements For An Absolute Divorce In North Carolina

North Carolina is a no-fault divorce state, meaning courts don’t require proof of marital misconduct to grant an absolute divorce. That said, there are still specific requirements that must be met to obtain a divorce. In order to get an absolute divorce, parties must meet the following criteria:

  1. The couple must live separate and apart for at least 12 months, with the intent that the separation become permanent.
  2. At least one party to the divorce must have resided in North Carolina for at least six months prior to filing the absolute divorce.

Issues To Consider Before Getting Divorced

An absolute divorce legally terminates a marriage. It does not automatically resolve other legal matters. That’s why, before filing for an absolute divorce, it’s crucial to speak with an experienced family law attorney about important legal issues such as:

Since absolute divorce significantly affects your legal rights in these matters, we recommend speaking with one of our experienced attorneys before filing so we can ensure your rights are protected and help you avoid unintended consequences.

Frequently Asked Questions

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What Does It Mean To Live Separate & Apart?

Spouses must live separate and apart for at least one year before they can obtain an absolute divorce. In this case, living “separate and apart” means that spouses must reside in separate households, with at least one party intending to end the marital relationship. When determining whether a valid separation has occurred, courts often consider factors such as intent, shared finances, and, of course, cohabitation.

Do Both Spouses Have To Agree To Divorce?

No. The state of North Carolina does not require mutual consent for an absolute divorce. So long as one spouse meets the legal requirements, they can file for an absolute divorce even if the other spouse objects. Additionally, you can obtain an absolute divorce even if your spouse doesn’t respond or refuses to participate in the process.

How Do I Obtain An Absolute Divorce In NC?

Once the legal requirements have been met, the process for obtaining an absolute divorce in North Carolina typically unfolds like this:

  1. You or your lawyer files a divorce complaint with the court
  2. Your spouse is served with legal notice of the divorce complaint
  3. Some time is allowed for a response from your spouse
  4. Either you or your attorney attends a final hearing or submits paperwork to obtain the divorce

How Can Asheville Divorce Attorneys Help?

Divorce of any kind can be a confusing, emotionally-demanding process. At Blue Ridge Family Law Group, we understand the importance of your family law case and will work with you to pursue the best possible outcome.

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