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North Carolina law requires married couples to separate for one year before filing for an absolute divorce.


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You will need to first show there was a valid marriage and then that either spouse has lived in North Carolina for at least six months prior to filing the divorce action. This means there must be physical separation, so moving into another bedroom in the marital home does not qualify as separation.

If the Defendant wants to prove jurisdiction is not proper in North Carolina, they must produce evidence showing proof of residency somewhere other than North Carolina for the six months prior to the action being filed. While this may be a stall tactic for many different reasons, one of the most common reasons to use this defense has to do with the impact of the date on the case. We use cookies to ensure that we give you the best experience on our website.

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To raise a defense based on lack of a marriage can be difficult. The most common defense raised is that there has not been a separation of at least a one-year period.

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If all the other factors are met, the divorce will be granted. The Plaintiff only needs to produce the marriage to prove a marriage in fact exists. What if only one spouse wants a divorce?

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The only other option for getting an absolute divorce is proving that a spouse suffers from incurable insanity and that the couple has lived separate and apart for three years due to the insanity. Further, North Carolina does not require a marriage for a marriage to be valid. Generally, the intent to be permanently separated is not a defense. If the other spouse can show they were not actually separated, the relationship may be considered an affair and affect the outcome of the case. You will need to raise your defense to the divorce complaint in your answer responding to the complaint.

Then, you must be able to prove that you have lived separate and apart from your spouse for at least one calendar year.

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Let's Get Started. Unfortunately, while couples do get back together occasionally, there are many who do not. If there is a discrepancy regarding when the actual separation occurred, this may cause a delay in obtaining the absolute divorce. Defenses The burden is on the person who brings the divorce action, known as the Plaintiff, to prove: 1 the parties were married; 2 North Carolina has jurisdiction; 3 the parties have lived separate and apart for a year; and 4 that the parties intend to remain living separately.

What if only one spouse wants a divorce?

Sometimes one spouse just recognizes there are fundamental differences between them and their spouse. How Do You Contest a Divorce?

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If you fail to raise your defense and the Plaintiff meets all the requirements for the absolute divorce, the court may not entertain your defense if it is brought at a later time. The Defendant then has the burden to object to any of the allegations. However, this is no easy task. Lenoir, NC Divorce Lawyer. Alimony and equitable distribution could be affected if one spouse states they were separated on a certain date and began a relationship with another person. If the Defendant can prove that the Plaintiff was not a resident of North Carolina at least six months before filing the action, they may be able to persuade the court that North Carolina is not the proper jurisdiction for the divorce.

Hickory, NC Divorce Lawyer.

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An absolute divorce can be granted after a one-year separation or if one spouse is found to be incurably insane and there is a three-year separation. Attorney Dustin McCrary A divorce lawyer focusing on the legal needs of divorce and separation, child custody, child support, alimony and spousal support, property distribution and domestic violence.

However, the reality is that regardless of the start date being disputed, the divorce will eventually be granted even if at a later date than the Plaintiff alleged. Sometimes couples are in agreement that their marriage is at a point in which they are both ready to move on. A divorce lawyer focusing on the legal needs of divorce and separation, child custody, child support, alimony and spousal support, property distribution and domestic violence.

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Sometimes the one left behind holds on to the belief that there is hope for reconciliation. Search for:. The burden is on the person who brings the divorce action, known as the Plaintiff, to prove: 1 the parties were married; 2 North Carolina has jurisdiction; 3 the parties have lived separate and apart for a year; and 4 that the parties intend to remain living separately. Sometimes one spouse has moved on with another person.

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In North Carolina, most people obtain a divorce by way of one-year separation. As you can see, most of the defenses available to the absolute divorce being granted are merely ways to delay the inevitable, but not actually defeat the divorce action completely. Other than bigamy, North Carolina does not recognize any other reasons for a marriage to be void. Finally, you must prove that at least one of the parties has no intention to living together, meaning they intend to continue to live separate and apart going forward.