If both partners are amenable to divorce, and there is no dispute over property distribution or alimony, an “absolute divorce” or uncontested divorce may be an option. An absolute divorce is the granting of divorce and the dissolution of marriage. You cannot remarry until you have dissolved your current marriage. The Law Office of Crystal Richardson has the experience and expertise to help you understand this process, and make it as smooth and straightforward as possible.
North Carolina General Statute § 50-6, allows either spouse to divorce from bonds of matrimony, if the parties have lived separately for one year and at least one of the parties has lived in North Carolina for at least six months. Isolated incidents of sexual intercourse between the parties does not toll the statutory one-year requirement.
A divorce under this section is not shall not be barred to either party by any defense or plea based upon any provision of N.C. G.S. 50-7, a plea of res judicata, or a plea of recrimination.
In most circumstances, you do not have to appear or testify in court (although you have a right to) for an absolute divorce. Generally, these types of judgment orders are entered by the Clerk of Court, or by summary judgement.
When determining if filing for an absolute divorce is appropriate for your circumstances, consider:
Whether there is martial property that you want to divide with your spouse
Do you need to receive alimony from your spouse?
Whether you have a safe place to stay while waiting for the sheriff to serve your spouse with the summons and complaint for the absolute divorce
Whether you have had to file a restraining order in the past and whether it was followed