​​

In North Carolina, an absolute divorce legally terminates a marriage, allowing both parties to move forward with their lives. It’s important to understand that an absolute divorce is different from legal separation or annulment. It fully dissolves the marriage and restores each spouse’s single status. At Kruger Law Firm, PLLC Attorney Jake Kruger handles family law cases involving divorce.

​

Requirements for Divorce:

​

1. Separated for More than One Year. North Carolina requires a one-year separation period before spouses can file for divorce. Before filing for divorce, you and your spouse must live separately and apart for at least one year. During this time, you cannot live in the same home and cannot resume marital relations.
    

2. Residency Requirement. Either you or your spouse must be a resident of North Carolina for at least six months before you can file for divorce in the state. If this residency requirement is met, you can file for divorce in the county where you reside.
    

Considerations for Divorce:

Even if you meet the basic requirements for divorce, there may still be issues to address before your divorce is finalized. These can include:

​

• Property Division. North Carolina follows the principle of equitable distribution, meaning that marital property is divided based on factors like each spouse’s financial situation, contributions to the marriage, and more.
   

• Alimony/Post-Separation Support. In certain cases, one spouse may be entitled to financial support from the other after divorce, as alimony and/or post-separation support. Factors such as the length of the marriage, standard of living, the supporting spouse’s ability to pay and the dependent spouse's needs will be considered.
   

• Child Custody and Child Support. If you have children, determining custody and child support will be an essential part of the divorce process. North Carolina courts prioritize the best interests of the child when making decisions about custody and child support.
   

Finalizing the Divorce:

​

Once the required one-year separation period has passed, a judge can issue a divorce judgment. This officially ends the marriage and allows both parties to remarry if they choose. At Kruger Law Firm, PLLC, Attorney Jake Kruger can obtain a divorce judgment in many cases without you ever needing to go to court personally.

 

If you're considering filing for divorce or have questions about the process in North Carolina, it’s crucial to have legal guidance. An experienced and knowledgeable attorney can help you understand your rights and ensure that your divorce is handled smoothly and fairly. Contact us today for a consultation to discuss your options and the best path forward.