In this state, a person does not have to prove that the other spouse was at fault in order to file for a divorce. Although there are other grounds for divorce, such as the incurable insanity of a spouse, the most common grounds for divorce in North Carolina is the physical separation of the parties for one year.
Speak with a divorce lawyer at Williams Law Group about the grounds that may exist in your particular case for filing for your divorce.
Divorce Criteria
In order to file for your divorce you must be able to allege and prove that:
- The separation lasted for at least one year;
- You or your spouse intended for the separation to be permanent;
- You and your spouse did not resume your marriage relationship after the date on which you separated (resuming the marriage relationship will start the separation “clock” over again)
Many residents have questions about what it means to “resume the marriage relationship”. You may speak with one of our experienced family law specialists to learn more about that topic.
Once you have determined that you have indeed met all the divorce criteria and are in compliance with the residency requirements, you may file for divorce; however, there may be other marital issues that you need to discuss as part of the overall process, including child custody, property division, and alimony. While North Carolina does not require that all of those ancillary issues be determined prior to obtaining your divorce, our experienced family law attorneys can explain the options and consequences of determining those issues before or after the divorce becomes final.
What is the process for divorce in Cary?
You must file a Complaint for Absolute Divorce, which clearly alleges all criteria for obtaining a divorce. After the complaint is filed it must be properly served upon the other party. The Court will require proof of proper service. Finally, the claim for divorce may be calendared (set the date for hearing) so that the presiding Judge can receive the evidence needed to grant the divorce.
Contact Williams Law Group in Cary
The decision to divorce is life altering. Everyone should have the support and advice of an experienced attorney that can answer questions and help address all the issues arising from the demise of a marriage including, custody, alimony, and property division. Our family attorneys can help you resolve divorce-related issues. Speak with a divorce lawyer at Williams Law Group before you file a divorce complaint. Call us at 919-773-1440.
