Even an uncontested divorce can become fraught with legal issues. If you are divorcing in North Carolina, our divorce attorneys can help you. We can assist you with any aspect of your divorce, including child custody, equitable property division, and more. Our family law attorneys can also help you if your divorce involves domestic violence.
You do not need to handle your divorce without help. Reach out to our law offices at (704) 870-0340 to get started on your case.
Divorce in North Carolina
North Carolina is a no-fault divorce state. This means that anyone can file for divorce without having to prove that either spouse has caused the marriage to fail.
Prior to filing for divorce:
- You and your spouse must have been living separate and apart for at least one year
- At least one of you must intend that the separation be permanent
- You or your spouse must have been a resident of North Carolina for at least 6 months
During the one-year legal separation, numerous issues may need to be addressed, either by agreement between the parties or through court action.
These issues might include:
It is important to ensure that these issues are resolved, or at least pending before the court prior to a final divorce decree.
Obtaining an Absolute Divorce
After you and your spouse have been separated for a year, one of you must file a complaint for absolute divorce with the clerk of court in the county in which you or your spouse reside. The complaint is then filed on your spouse. Your spouse then has 30 days to respond to your complaint.
If the divorce is uncontested and there are no outstanding issues such as child support or alimony, your spouse may not respond. At the end of the 30 day response period, a court date is scheduled. Once the judge signs the order for absolute divorce, you are no longer legally married.
Annulling a Marriage
In some cases, the one-year separation requirement means a married couple spends more time separated while awaiting divorce than they actually spent married. People often wonder whether an annulment is an option for marriages that have lasted a very short period of time.
However, an annulment is not an option unless one of the following factors applies:
- Spouses discover they are of closer relation than first cousins
- One spouse was under the age of 16 at the time of the marriage
- One spouse was impotent at the time of the marriage
- One spouse was incompetent at the time of the marriage
If an annulment is granted, the marriage is void, and it is as if you were never legally married.In the case of a bigamous marriage (one spouse was already legally married) there is no need to file for an annulment. The marriage is automatically void as a matter of law.
Schedule a Consultation Today
Contact the Law Office of Kelli Y. Allen if you require legal representation in a divorce or family law case. During your consultation, our Charlotte divorce lawyer can listen to your personal story and thoroughly explain your legal options. With her guidance, you can secure a favorable marital settlement agreement that reflects your financial needs and legal objectives.
Contact the Law Office of Kelli Y. Allen, PLLC at (704) 870-0340 to schedule a consultation.
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