Understanding Absolute Divorce

In North Carolina, absolute divorces are usually obtained based on one year's separation. After you and your spouse have lived separately for one year, without resuming the marital relationship, either of you may obtain an absolute divorce.

What If My Spouse And I Have Tried Getting Back Together?

Attempts at reconciliation marked by isolated instances of sexual intercourse will not automatically end the period of continuous separation. However, instances of sexual intercourse and nights spent together may add to the totality of circumstances sufficient to cause a court to find that you have voluntarily renewed or reconciled the marital relationship. Should a court find so, the separation period will be reset.

Timing Is Important

The entry of an absolute divorce terminates your rights to post-separation support, alimony, and equitable distribution of marital property unless you have filed such a claim before the entry of an absolute divorce. If you go on with your absolute divorce without asserting claims for alimony or equitable distribution, or if we do not assert such claims in responding to your spouse's divorce suit, it is because of your instructions to us that you do not want us to assert such claims. If you have any questions about this, please ask us immediately, and in all events before the entry of your absolute divorce. Also, if you have been married for 10 years or longer it may improve your Social Security retirement benefits. You may want to delay your divorce until after your 10th anniversary.

We Provide The Information And Support You Need

Reach out to us and schedule a consultation to discuss your divorce and other family law matters. Our office is located in Kernersville, and we work with clients throughout the state. Call at 336-310-8569, 800-566-2907 or reach us via email by completing our contact form.