Do you qualify for a divorce in North Carolina?

On Behalf of | Aug 26, 2021 | Divorce |

A marriage is a legal contract. To be able to end your marriage, you must make sure you met the legal requirements for a divorce.

Just as with any other legal situation, the law outlines the things you must do or the conditions that must occur for you to qualify to ask the court to dissolve your marriage. According to the North Carolina Judicial Branch, there are two qualifications you must meet for an absolute divorce in the state.

Residency

You or your spouse must be a resident of the state for at least six months before you file for divorce. One of you also must currently live in the state at the time you file.

Separation

The other qualification is that prior to filing for divorce, you and your spouse must live apart for at least one year and one day. The separation must be a permanent situation for at least one of you. You must live in different places throughout the whole time. This requirement is non-negotiable.

If you wish to divorce due to incurable insanity, then the separation requirement is three years. During that time, you must be living apart and your spouse must live in an institution or have a judge’s order of insanity. It also requires two doctors to testify to his or her mental state.

Keep in mind that it only takes one spouse to file for divorce in North Carolina. When one spouse files, as long as he or she meets both qualifications, then the other spouse does not have to agree to the divorce.