Absolute Divorce

absolute divorce attorney charlotte nc and surrounding areas

In North Carolina, an absolute divorce is generally obtained on the basis of a one year separation. Once a married couple has lived apart for one year, without resuming the marital relationship, either spouse may obtain an absolute divorce, even if one of the parties does not wish to.  Attempts at reconciliation can reset the 12 month period clock, however isolated instances of sexual intercourse will not automatically end the period of continuous separation. You cannot file for an absolute divorce until the next business day after your one-year separation.

From the date of service, your spouse has 30 days to answer your Complaint for Divorce and may even be granted a 30-day extension, making it 60 days before you can get a court date. If your spouse does not choose to answer your Complaint, we can automatically file for a court date after the 30-day answer period has lapsed. Each county in North Carolina differs in how long it will take to get a court date for the finalization of the divorce decree. As such, it can take from 8 to 12 weeks before you obtain your divorce decree. With the assistance of our firm you may never have to appear in court and we will ensure your divorce is finalized as quickly as possible.

If you are planning to remarry, do not set the wedding date until your divorce judgment is in your hands.