Divorce and Legal Separation

North Carolina law requires that the parties be separated for one year before filing for Divorce and a judgment of absolute divorce can be entered. The law also requires that at least one party have lived in the State of North Carolina for at least six months prior to filing for Divorce.

While the law requires that the parties be separated for one year before a divorce can be granted, the law allows the parties to address all other issues as it relates to the divorce prior to the divorce being granted.

For example, the parties may file for custody, support, spousal support and property division immediately upon separating. In the case of spousal support, and property division, North Carolina law requires that you must file for spousal support and property division before your divorce is granted. If not, you will lose your right to file those claims forever. Please see N.C. Gen. Stat. 50-6 for more information about filing for divorce in North Carolina upon one year separation.

Relevant Statutes

§ 50-6. Divorce after separation of one year on application of either party.

Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months.

Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.

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