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An absolute divorce is a determination by the court that spouses are no longer legally married to one another. North Carolina is a “no-fault” divorce state. You do not need to prove that your spouse has committed marital fault, such as adultery, in order to obtain an absolute divorce. To be eligible to file for absolute divorce in the state of North Carolina, at least one spouse must have been a resident of North Carolina for at least six continuous months immediately prior to filing for divorce, and the spouses must have been separated for at least one year with no periods of reconciliation. You cannot file for an absolute divorce unless you and your spouse have been continuously living separate and apart from one another for at least one year.
The entry of an absolute divorce judgment will forever extinguish potential claims for spousal support (post-separation support and alimony) and equitable distribution (division of assets and debts) unless those claims have been asserted in a court case before the judgment is entered. Horack Talley family law attorneys will take the necessary steps to protect and preserve your claims.