To obtain an absolute divorce in North Carolina, the husband and wife must have lived separate and apart for one year.
The plaintiff or defendant in the suit for divorce must have resided in the State for a period of six months.
Either party may apply for the divorce; the one-year separation requirement applies on the application of either party.
Does the one-year clock restart if spouses spend time together?
Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.
Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2.
What happens to alimony when the divorce is granted?
A divorce under G.S. 50-6 shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action.
Can a fault defense block the divorce?
A divorce under G.S. 50-6 shall not be barred to either party by any defense or plea based upon any provision of G.S. 50-7, a plea of res judicata, or a plea of recrimination.
Questions people ask about North Carolina divorce
How long do we have to be separated before filing for divorce in North Carolina?
To obtain an absolute divorce in North Carolina, the husband and wife must have lived separate and apart for one year.
Who can file for the divorce — does it have to be the spouse who moved out?
Either party may apply for the divorce; the one-year separation requirement applies on the application of either party.
Do I have to live in North Carolina to file for divorce here?
The plaintiff or defendant in the suit for divorce must have resided in the State for a period of six months.
If we slept together once during the separation, does the year start over?
Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.
How is a full resumption of marital relations decided?
Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2.
Will my alimony rights disappear when the divorce is entered?
A divorce under G.S. 50-6 shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action.
Can my spouse use my past conduct to stop the divorce from going through?
A divorce under G.S. 50-6 shall not be barred to either party by any defense or plea based upon any provision of G.S. 50-7, a plea of res judicata, or a plea of recrimination.
Talk with Martine Law about your divorce
Martine Law handles divorce cases across North Carolina, and early conversations help you understand where things stand. Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.