North Carolina men’s divorce attorneys provide answers to frequently asked questions about divorce laws and the divorce process in North Carolina.
In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action.
It is important to speak to an attorney about the specifics of your case to determine whether or not an annulment is a viable option.
In North Carolina, in order to file for an Absolute Divorce you must wait until you and your spouse have been separated for one year and one party must have resided in state for six months prior to the filing of the action.
The self-serve center has forms that individuals can fill out and apply for a divorce.
However, you should see a lawyer prior to filing for divorce to make sure there are no other viable claims that you wish to pursue.
bigamy) or if either party is impotent at the time of marriage, annulment can be considered.
Further, if one of the parties to the marriage were incapable of agreeing to marry (i.e.
If the divorce is uncontested then it can be obtained fairly quickly. a fight over whether you have been separated for a year) can take longer.
You need to consult with a lawyer to make sure that you understand your rights on the issues of alimony and equitable distribution prior to filing for divorce. North Carolina does consider fault in other circumstances however (i.e. In a divorce action alone, it is merely the legal ending of your marriage.
An Absolute Divorce action does not decide the issue of maintenance.
The most common way to file for divorce in South Carolina is based on a separation of the spouses for a period of 1 year. [SC ST SEC 16-15-60]Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.
This means that the parties must not live together, have sexual interaction, or act as husband and wife for a period of 365 days.